This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at|http : //books . google . com/
sa
St€^te Trials.
VOL. X.
^
COBBETT'S
I •• • . •./
Q MP LCt:£ :d:6.i.L:E: CrT,! o n
• •• ••• •••••»_»•«••••• •
: ::•.::•- ;:..d.j?-..: : V
••••• • •••••••• •
State Trials
AND
PROCEEDINGS FOR HIGR TREASON AND OTHER
^ CRIMES Aiq) MISDEMEANORS
FROM THE
EARLIEST PERIOD TO THE PRESENT TIME.
VOL. X.
A.D. 1680—1685.
LONDON;
l>mKT£3> BY T. C. HANSARD, PETERBOROUGH-COURT, FLEET-STREBT :
, LONGMAN, HUKST, BEES, ORME, & CO. ; J. RICHARDSON ; BLACK,
FABRY, & KINGSBURY; J. tfATCHARD; E. LLOYD; 4, BUDD;#
J. FAULDER; J. BOOKER; CRADOCI^ & JOier
E. JEFFERY; AND T. C. HANSURD.
1811.
• • • •
it\H'.<r>H
#
«t*
TABLE OF CONTENTS
TO
VOLUMi: X.
%^ The new Anieks are marked {N.]
305. Proceedings tgdiut james hollowat, in the Kng'f
Bench, on an Oodawry for High iVeasoii, April 21, a. d. 1684 ••• ' 1
306. Ibe Trial of WILLIAM SAC9IEVERELL and Nineteen others, at
the King's-Bencb, for a Riot committed at Nottingham^ ^ n. 1684 90
The CASE of the CORPORATION of NOTlTNGHAM, U it
was stated by the late William Sacbbysrbll, . of Bar*
ton^esq • •••.••iUt.«*.... 96
307. Proceedings against Sir THOMAS ARMSTRONG, in the King*!-
Bench, upon an Outlawry, for High Treason, a. d. ifis^ 4.. 106
Remarks upon the AWARD of Execution against Sir THOMAS
ARMSTRONG; by Sir John Hawlbs, Solicitor-General in
the Reign of William the Third 1S3
308. Prpceedings on ti Writ of Inquiry of Damages betwaen his Royal
Highness JAMES Duke of YORK, in an Action upon the Statute
de Scaadalis Magnatum, and TITUS GATES, in the King's-
Bench, a. d. 1684 186
30O. The Trial of THOMAS ROSEWELL, a Dissenting Teacher, at the
KingVBench, for High Treason, a. d. 1684 147
na The Trial of JOSEPH HAYES, at the King's-Bench, for High
Treason, in corresponding with Sir Thomas Armstrong, an Outlaw
. br High Treason, a. d, 1684 ..^.tt.*.* .r... 907
State Trials.
VOL. X.
OBBETT'S
fCOMPLETE COLLECTION
or
State Trials.
301 Proceedings* against James HoLiowAV,t in the Kings-
Bench, on an Outlawry for High Treason: 36 Ciiables II,
April 21, A.D. 16S4,
HtH ntauidt
» ibc Kctfpcr oi" bis i\Ja|C5ty'« gnol of
_!!, to bring thillier die body of Jumei
nfim^r, ihrnn in bit custotlyi %i ghetf cauie
•Tlwfisii * "f thisctSRe in 3 Wod,
* 41 ; wIncI Mt joks irft'TTfcl to, in
I f **8oili^ time in the sprincj- dglity four,
iBMbir&^ W29 tflk^M iti the \\>*Jt Inilies, nml
rpr. TTe xru^ under an Onihiuiy tor
T^ ! oeyf^ncrftl offeiTd hYm a
*1 iJul he u'lis prrvrtiJed on,
StV bo|»f fit n |niriliii», to suhmJl hw\ rfuifcss
bfloT'*^'. If r- ^nid, hr was drawn into s<^nic
•»' led how to raise
tec Mho more had
■iuutt u ik-sjgi* fr»r feu^izint^ on
!p of some ihat \fore to
MO i\if tt\ n*.n^i I r' 1 1 !d<'d,
tetiiev hud nctrr fii it.
Ik mJ^ n! *'"•''■ ,.i t^vir ,
tad Wot ;in^ of lo,
kasa^ WTf4 u.^. ...... i,.ij that he L..
OMmd into nnr di^ounic with them U|K>n that
m/kjert: And fjr (!id not bt^]teve, there were
•INe I ;t approved of it. These
West :» UttmMd, and his bro*
Ukr: The iBlh pmon is not named ra the
taibiltd relatian, Home said, it was Fei-jjuiion :
ihlwn Mi4, it wrtsf G*HKlefnmigb. Jiollow-ay
Ihniftfht hj' the iviurf n*»i to be since re in
. hat tic had ac-
*j«thy, he wai
i, miu Miro >v>iii ;t nnti niuvtoiiey. H^
«ei emi pfVKnoe uf inind. He^Mcrved
pmafity tJnt wu evitkst in miTtngitig
rot. x-
i
w hy execuii(m should not h** riuardf^*! npnn im
Outlawry for High TrwiBon ; I i The
Keeper of New|faie» aceori:i , r com-
mand of the writ, bronght hint ihi» iluy to thft
bar of the said court, where he warn proceeded
against io thi» mauuer.
tiii^ pUit, dilfcrent from what had appealed in
manag^nu the Popish plot. The same men
wlio %vere calJed ro|fuc!i, when they swons
ac^inst papi!it»f were Uwkei! on as honest men
uhen they turned their evidence n^foinst Pro-
testants. In all his answers lo the sheriffs,
who at the place of execution troubled hitn
with many impertinent question;;, he answered
them witn so much life, and yet with sn much
temper, that it appeared he was no ordinary
man. J J in speech was suppressed for some
days: But jt broke out at last. Ih it hewc-
pre^ed a deep sense of religion • Ihs prayer
was an excellent * The ct^edii «if
the Rye Plot receh Idow by his con-
fession. All that disrimi-sv ;.' ^ c-
tioo, in w^hich the doy was r »*
peared now to be a fiction ; sum*: .»ii>nn >iud
been so httle taken eare of, that three pernio nA
hud only undertaken to dispose people lo that de-
.*»ign, but had not yet lei it out lo any of them.
So tliat it na<i plain, that after all the storj they
had made of the plot^ it had gone no further^
than that a company of ^itious and inconai-
derable |»etisons were framing" among' tbein*
selves some treasonable schemes, tliat were
never likely to come to any thing ; fttul that
Rumsey and We«t bad pushed on tlie exe-
crable desiigTi of the assassination, in whieh^
iliough there were few that agrec^d to it, yet
ipo many had heard i% from them, who were
both BO fooHah, and so wicked » a^ tiot to dis*
corer th«m.** Buntet; p. 570.
B
I
I
I
STATE TRIALS, 36 Ch aklbs II. \6U.^Pi'oceedings against J. BollMay. [4
Ait, Gen. It' yuur Innlsliip please, the iii-
dictiiient iimy be read to bini, that he may un-
dcrst:)n(I wbut it is, and may not go bhnd to
oxpLMition.
L. C, J. Ay, M\\ Attorney, if you pic
let it be so.
CLof'Cr, Reads. " The jurors being I
to enquire for our sovcmyn lord the king, and
the ho<ly of the county of the city of LondoD,
upon their oaths prcst'iil. That"— ^[And f
3J
Tlie rrturn of the writ of Habeas Corpus was
first read.
67. of'Cr, James llolloway, hold up thy
hand. [VMiirh he did.] Thou hast been in-
dicted in I^mdon, by the name of James Hol-
loway,late nf JjODdon,merchant,fov High Trea-
son by thee oommitted, touching the kinff's
. majes^'s person, and the gori;mment of this
his kingdom of Kii<j:laud, and for not appearing
and aubwerin^rthbt indic*tment, by due process
of law, upon the- indictment thou'standest out-
lawed, and upon that outlawry thou standest
atuinted of the same high-treason ; What hast
thou to say for thyself why execution jihould
not be awarded against thee upon tliat attainder
by this court according to law ?
Huilowaj/. My lora, 1 have been a great
while alxsent, and know not what hathoeen
done in this matter, or proved against me.
Lord C/iief Justice. (Sir George Jefferies.)
Yes, you have l>een absent so longlt seems, tliat
} ou now stand outlawed, and thereby attainted
of iiigh treason ; there is nothing now remains
with tbe court, but only to make a rule lor
your execution
Huiiuuuy. If an ingenuous confession of the
trutli will 'merit the king's pardon, then sure 1
have done it.
L. C. J. For that matter we arc not to dis-
pose of the kind's mercy, he will dispcwe of hi«
own mercy as he shall think fit. Is Mr. At-
torney iutliehall?
Crier. Yes, my lonl, ho is.
X#. C. J. Then pia^ M^iid for him.
Which was done, and in a littlo time after he
came into courc.
L. C. J. Mr. Attoruc}', here is the pri«oner
at the bar, Holloway.
Att, (Jen, (Sir liobert Sawvi-r.) Yes, my
k)rd, I see he is. Sir tSamuei Astry, have you
iLe record there?
CL of'Cr, .Yes, Sir.
X. C, J, It has been road to liim, Mr. At-
torney.
An. Gen. My lord, I would know %%liat ho
«aith that execution should not be awanlr^it.
/.. C J. He talks of disc^overirs ntu\ coo-
tiessions, which wo, you know, cannot take any
iiptice of; ask him ai^ain.
CL ql'Cr. Hast tiiou any tbioff to say for
thyself why execution sboulil not be awuided
against thee, according to law ?
HoUi<7tay. My lonl, I know not what hath
fN.'en pro\cti agrunst nte, but I hate madusiich
an in^«'nuous confession to liis iuaje<tty uf what
I know
i-K C. J. Pio%«m1 flL'ainst you ? \ on arc out-
lawpil upon an ind^riuicnt fo.- high trea.sun;
nhat C'ui you say aL-^uiusl the court'', awarding
exeeutiiiu :'
Att. (Vi/i. My luiu. liu.s hr hoard the iijdict-
nient ujmmi •tijich the outlawry ^\'*^'' ui'ouniii'd ?
LV. oi'Ci. .\o, Su-, <»ni\ the subt»tuucc- w.is
told him, That hi* uasind.fted o( iii^h treu-c:!, j
and iMitJawiMltuiu. iind atJ»ds aiiuinted iiy ihai j
out la wry. J
At^
the whole Indictment was read.]
CI. of'Cr. That is the Indictment, Mr.
tornev^ and upon this he is outlawed.
Aft. Gen. And so sUnds attainted. WhU
hath he to say to it ?
L. C. J. Ay, why should we not awartl exe-
cution acainst him according to law ?
CI. of Cr. Have you any thing to say ?
HoUoicay. 1 have said what I have to say. „
Att. Gen. Pray what is that, my lord, tlilt
he has 8ai<l, for 1 was not here ?
Holloway, I beg his majesty's mercy.
Att. Gen. If the kiug be so gracious at t*
admit you to your trial, can vou makem de-
fence against 'the indictment r Have you any
thing to say that you can defend yonraelf Iqr*
if the king do admit you to be trieu, and thai tf
a mercy and a grace, lor at law you are gOBA.'
i^. C. J. It is so, indeed, Mr. Attorney; if
you will on the king's belkalf indulge him ■!
tar, as 1 suppose you have authority from iSbm
king to consent unto, that if he has a mind to
try the fact, and can defend himself, he shall
have that liberty, that is a great mercy ^ I as-
sure you.
Ait. Gen. My hud, That is tbe only reasoa
why I did cause the indictment to be read thai
he might hear it; that supposing he were nol
outlawed, but that were out of the case, if hm
hatli any thing to say that could defeiijd hina
from it, tho king would not exclude hiiu, but
ailuiit him to his trial, aud extend his mercy so
far to him.
L. r. J. Mr. Aunrney, it is exceeding^ weUt
Now you understand wliut is said by tho kii^B
Atloriiey, \ou ha vt> heard the indictment read.
It is an initictment of high treason, that yoa
with oilior false traitors, lloiic, Uumball, th^
tionilciionuhs, and the rest, did conspire tbe
drath of lUr kiiig. Now (hough you are in
law acuially attainted, as much as it you had
bkfn tried and couvicted, and received 'judg-
ment of desith upon that conviction, to all in-
tents and purposi*s, aud there is no more fur the
court to do, but to aviard execution upon thia
attainder, and he dealt wkli as a false traitor,
\ ct howrvcr in Ub uiurh as you have heard tho
iuflicinient read, if you ihiiik vou have any
thing to say that would satisfy tlic world, or m
jtu'v. tliut \<ni are not guiity of what you are
ind'ictetl and acv used \ti'^ it seems the kin^ ia
|d(,'r.si-d to signit'y his gi-acious iuleotion to-
iviiuls you by Mr. Attorney Cjenei;ii,thathe is
i:»niciiir.| to wave that other part, the 'iltirindcr
hy <»utl;ivvry, and you shall have the liberty to
'■y it, if you think \*ou can dciend yourarif.
'iiv/Maav, My lord, I caanot undertake 4o
51
STATE TRIALS, 3$ Charlss II. l6S4.-for H%k Tnaun.
[fi
myicil', for I have confinaed before his
Uiat I am iruilty of many things in
todicUnciit, and I throw myself on the
kia^ mercv.
L C. J. ^Then h« confe^scth it, and will not
aadprtake to fJef>.'n(l liimself ; as for the king's
111. J , that we must leare to his majesty, who
■ ike di«peusvr of his own grace, we are to
OBBoie his justice, and must give a rule av-
Jost. \VUhinK. But I hope every body here
tthfs aotice of Lis open confession, when he
■^t try it if he would. Surely none but will
Mere this conspiracy now, atler what this
■u hath owned.
I. C /. We were well enough satisfied about
tt before, and so was every honest man, I dare
JsisL Witkins. Yet, perhaps, though he saith
il, and oUicTS have confessed it. and the evi-
diaoe bath been made public, there are many
penle that say they will not believe It.
Lc/. We do not mightily concern our-
Mtm what the people say. I am sure not one
rf si that wens concerned in this conspiracy,
kic dared to deny it absolutely, thougti some
km been prevailed upon by ill advice, to pre-
fUile about it, and shutic it off. But none
tf diem hare bad the confidence absolutely to
iaf the troth of the fiict, notwithstanding all
Bs and reproaches cast upon the
and all the arts that hare been
of to stifle it.
Iitt. ITitAf ju. My lord, I speak it the rather
hecHse we lee what work sir Samuel Bamar-
liitoa bas siade of it in his Ix'tlers, where he
alb it a Shun- Plot, and snvs it is lost, except
il Ae fSmnd among the Abliorrcrs and Ad-
L C. J. But now the Plot is found among
tbecsQ&pinitorsand traitors, he may write tu
kBcwnr^ponilents in the country the next time,
i H tbuod among the reftirmrrs of govern -
■ear, and religion, that can swallow all tilings,
, Ibttcao kill kitigb and levy war, and do tnc
■mtof villainies to promote religion and re-
faraation, as they call it. — Iiet lis think of
■■e convenif nt day, and give such order that
fhe ibenfTs sec execution done according to
Alt. Gen. You must first pronounce the
pigment, my lord.
ML H'itAiHM. It is ncvrr pronounced in
Mih a case, ^Ir. Attorney.
L. C- J. No, we only give a rule fur evecu- *
in, the outlawry is the judgment, and that is [
■pa the record already f.
* 8ee his Case, \ol. 9, p. 1334, of this Col-
fSae, in tins Collection, the Cases of 8ir
Armstrong in this same year, 168^^
A. D. 1746, and of Dr. Cameron, a. d.
tlM; authorities referrc<l to in those
Tbe Mtat. 7 W. 3. c. 3. «. 3. saves the
•C tiic rei^tioiis thereby enacted on
vtKssop, to sueh as, having been out-
Ci ofCr, Yes, my lord, we always enteritso.
L. C. J. Captain Ridiardson, I'think, Wed-
nesdays and rridays are yonr usual executioB
days m London, are they not?
Capt Richardson. Yes, my lord, cither of
them.
L, C. J. Then Wednesday seven -night.
Capt Richardson. Does your lordsltlp ap- .
point Wednesday next?
L. C. J. No, that will be too quick ; Wed-
nesday seven- night.
Capt. Richardson. What day your lonlship
pleaseth, I suppose I shall have a rule.
CL tffCr. You shall have a rule, and an
Habeas Coruus to deliver him, tis the course is.
L. C. J. lu the mean time take your prisoner
back again.
And accordingly he was carried hack to
Newgate.
Afler which he sent the foUowhig Petition to
tlie King for mercy :
* 3Iost great and gracious Sovereign,
*■ I your majesty's now close prisoner in
* Newgate, and condemned fur my crimes,
' which I have confessed myself guilty of, in a
* paper of my own writing, delivereil to tha
* right honourable the lonU of your niajes-
* U''8 privy council, in which is a true and
* faithful account of all ihat I know con-
* ceming the late Plot, with the manner how I
* was drawn into it, and the reasons why 1 did
* not come in at the first discovery, and cast
' myself at your majesty's feet for mercy,
*• which I hope your majesty hatli perused, and
' find no cause to think I nave reserretl any
' thing uudist.'ovcred ; for when 1 was first
* taken, I resolved to declare the whole truth,
* and nothing; but the truth, which I have here
* (lone, and will own to be true, before any that
* shall offer to contradict it, or say there was no
* I^Iot ; and if any thing more occurs to my
* memory, will not fail to declare it. I have
' ' now nothing to say for myself why I sliould
* not he executed, according to condemnation,
' but do must humbly prostrate myself at your
*■ majesty s feet for mercy, acknowledging my
*• hearty sorrow fur all tlyit 1 have btten guilty
* of, and remain in 1io{h*s, that that fountain of
* mercy which haih so abuudantly flowed from
*■ your nl^jc-sty*s sacred breast, e«er since your
' *• happy restoration, is not vet dry, but tli:it
' there are souiu drops Ictl tor inc,' which if I
! * may be so happy us to obtain, I shall alwaya
* whilst I live, endea\oar to appnne myself
' your niaji*sty*s most true una faithful sub-
*ject; and, l'hoi>c will answer the ends of a
* pardon. Which that 1 may so do, r^nd for
' your majesty's long lifi*, peaccahk! ami happy
* riMgn , shall t V er pray , \ c . J . 1 1 01.1.0 w ay . '
His Petition being rejected, he was executed
April 30th, 1684.
la wed, do ufterwanis i otitic theuiselves to a trial
on the merits. Sec East's Pleas of th« Ciuwn,
ch. !2.8. 69.
7] STATIL TRIALS MCHAiBLhnBn.\6U^^Pr$ceeding8 0gam9t J. Holloway^ [8
Being come to the place of Executioo, he
spoke to tlie ahcrifis as tallows :
Holiowa^. May 1 have liberty, Sir, to speak
what I desire to speak ?
Sheriff Daniel. Ves, Sir, you may. What
you liave, I suppose, will be by way of disco-
very to the world of wliat you are brought here
to (lie for.
Holloicaj/, You have roy Paper, captain.
Capt. RichartUon, Yes.
Sheriff Danief, Have it you about you P
Capt. Richardson. I have it in my pocket.
Sheriff DunieJ. Shew it him (which he did.)
Is it your own hand -writing?
Hollotcay. Yes, Sir.
Sheriff BuaicL Is it 3'our own hand-
"writinor ?
Hoi/oTcav. That is my own hand-writing.
A discovery of wiiat 1 knew, 1 made to his ma-
jesty, but a gn;ut luuny people think that I
iiave not discovered what 1 knew : but I have
discovered what i knew of the Plot, aud I am
heartily sorry 1 was any way conceilied in that
way: as to tlie endeavouring any thing by
arms. I do think severni thin«jf8 have liecn ilf •
managed in England, there have lieen many
things done against the king and the kingdom's
interest, and ff wish the kini^ was well satisfied
of it, aud tuat a course miglit he taken to pre-
vent it. And, I think, one way to prevent
plotting (according to my weak ca|Kieity) is,
that his majesty would be ple.ised to call a par-
liament, and pass an Act of Oblivion f(ir all
nIottti'N whatsoever. There uas n danmabli^
Vopish Plot, and I hiok upon the stifling of
that, to be the only cause thnt any man did any
thing in this. Had all the Popish Plotters
been —
Sheriff Daniel. By the way, Sir, how do you
know it was stifled ?
Hollowatf. Sir, we have known that the laws
could not lie suffered against them, and the
parliament could not be suffen'd in the prose-
cution of them. I wish the king wmm con-
suU his own safety, and thesafety of the nation,
and that an Act of Oblivion might pass, fori
believe there arc many concerned ; and that
there might be an end nut to all news- mon-
gers, that write into the (*oni}trv letters of
news; 1 look upon that to do the km"* and the
kin;;dom more hurt than any thing else.
Capt. Richarthmi. Mr. ll«dlnway» I beg one
thing, have you discfwcrcil all ? J di sire yo».i
wonhl declare those (}ou did not name their
names) that, if occasion were, would be ready ;
but that you liad not .<:poke to them. Wade
and others were to ninintuin their posts.
Hollmtnj. No, Sir, I had not kjioIcc to them.
Caj.t. Hichardson. This you did say.
Ihlhrway. Yes, Sir.
Sheriff /j«?i it/. And that you promised a
mimher of men in this design.
Hidlon:au. iVoniise it ! I did propose I
might do it.
Cppt. Richardson. What do you know of
the conthvuig the biuunoss uf the Uy«s« for
lopping, or taking off the king aud the dtd^c ?
^ HoUmcay, I was not with them till after t^
time a good while ; till about a month or tin
weeks after the time I was not acquainted with
tliem . I looked upon it as a business not likdy
to take any effect at all, for 1 could never Ana
above five that were conoemetl in it.
Sheriff Dashwond. But did they not tell y«t
at some one time, they were eoDccmed in audi
a tiling !'
Huilouai/, \c% Sir, they did so. They^
told me more thvm once.
Sheriff JJ«7i/£/. In Bristol, or in liOndonf
Jtiolhuay. In London.
Sheriff Dushrcood, 5Ir. Holloway, yon hsr^
a hiicrty to say an}' thing you have a mind to.
Holfon-fly. I have little to say more upoa
that account. I am sorry I was concerneil b^
that ^vay , to do such a thuig as to take up anm.
But as*to the desi^ I had, and the Plot I wa«>
acquainted with, it was nothing against tht
king^s life.
Cupt. RichardiOH. Sure it was the savae
Plot, while there wus a design to seize the kiugp,
and take hiiu frum e\il company.
Holhuay. We had a design to take then^
that were guilty of the Popish Plot, and werii
cnemieai to the privileges and liberties of th«^
subje<^t.
Sheriff Daniel. And as a thing that
to tli'ti, the king was to bo seized till he
sculett to thcaie things.
lloUo'i HI/. It was supposed by them
told mc of it, that many things thai have
act4;d of late, were done contrary to the kughi
knowledge, and that the king knew nothinff iff
it ; and 1 am perfectly of that belief too, uiaA
many thuigs arc done contrary to the kinff'a
knowledge. And I was farther informed, tEat
if the king could be but once acquainted with
these things, that the king would preaeotly
come in to those that should stand for his as-
.sistance, and give up all those offendeis to
judtice.
Sheriff J}(7ni£/. And if yon could not tell hioi
otherwibe, you would take him first, and tell
him afterwards.
IloUiwai/. You may interpret it how yoa,
please, Sir. It was that all such difiercnosB
amongst the king's subjects might be preientsA
for the I'utnrc ; for I believe then* were never
git.*attr differences in the spirits of men, though,
some think the times were never better than
now, liecause all things go according to their
own humour ; but I suppoae many in the na-
tion are satisfied that many things have beeft
done contrary to law.
Sh.niff Dunitf. Was it fit you slioiild set up-
for a politiei&n, or a statesman '^
Holhmay. No, Sir, I did not take it upon
me ; tliat uos for tJic scribblers that write
news. I do not reckon myself worthy to direct
in such a cas>p.
Shei-iff Diwiit/. 3Ir. Holloway, you do mfL
remcmlicr to give the names ot' those persoaSL
you spake of.
Uniki£uy. It would be a fbUy lor nM« Sii^«
9]
STATE TRIALS, 36 Chables II. l6S4.-<-/«r High Treaton.
[10
to go t» abuse men that I did not know whether
Wn woaJd be concenied or no.
Moriff Datkwifod, But that there were per-
■M ^t would be concerned, you say.
BoUouray. That we did think so ; and if we
ihsakl naiiie every one that we thought would
hscMicemed, 1 believe we might name three
fam ot Lundun.
GipL JlicAardson* I liope you are in a
pM mistake there.
HUAuiiay. For that desi^, I helieYC above
ikiee (lorts would be for. 1 never had any de-
■p Uit I'ur the king and the km{;dom'8 inter-
«t; tbou^ 1 know that denjpd that was car-
mi en by Kunosey and West was a very hein-
<« design, but 1 belie c they would not have
hmA many iu England that would have been
4vk ; 1 ni'ver heard of above Bvc for it.
fibstf DsniV/. Were vnu acquainted with
W^eol?
UiAliwa^. I was in his company once or
fise, bat 1 beard him speak against it.
[ %inS DamieL Was you ever with my lord
! Btllmmjf, No, Sir, I was never with my lord
flbtebory but once, and that was about a
Mb I waai promoting in parliament, about
Ae laai-raanttfacture.
Shsiff DvmigL Was you ever with my lord
BaUman. Never but once, and that was
ibMl that buaness.
SbatS DamieL Were 3'ou ever acquainted
* vv bud Russell?
Never with him at all.
wcood. You were saying you
kmr ibe same; of live ; who were the}' that
svie It he cuncerned in that matter ?
BtUt^ej. 1 ba%'c declared them to his ma-
bbenS D'jniel, Did you know Ferguson .**
KiMHirfiv. I knew 'liiin, Sir, but I know
fmsttk*'j t'i be a^piiisst any such design, and,
iidfc-d, we diu look u|>oii it tu be a thing that
««dd C(.ui«-- to noetiect.
Heriff DjLs/actud. Do vou mean the s«>iz-
i«lbe kir.^ :-
Maii^ff^tr. I mean the insurrretiou.
l^ehlT l>tinicL Did you know oi'auy money
fimk or (»r>j!uiM:d to buy arms '!
BnLLwiif. No, Sir, novrr. I hoanl of money
ta was u> be nuved, but 1 did not know hIio
iMla raise it.
ftoiif Dan*rJ. It i« not our business to ask
IWaaoy questions, it' you have anything to
Mrvouniay.
tSim€ lituhM.ttJ. if y^'U have any thing
li say tor the di^^harcfc* of your cobscicnce,
MtUoxay, I tliaok God, I never had any de-
* ^^fainsi his majcKty's person ; what'l in-
' was oolv for the* gocii) of the king and
a, and I did take ii that it wmdd liave
■•; and 1 am very sorry that any things
" base gone contrary tu law, as thi.*y have
aod I iiope care will lie laL.^n t.> {irevpnt
ibefiiturc.
Wm% aod I iiope <
Sheriff Dashwood. The kine bath said be-
will govern according to law ; he hath done so,
and will do so.
Hotlowai/, That I leave to the judgment of
all; many know better than I.
Sherifl* Danirl. Such glossy pretences ar«
very strange, to carry on such a design, for the
seizing a sovereign prince, that you have sworn
allegiance to, or ought to have done.
Hollcftcay. I think those pretences, the
grounds that we went upon, were no glossy
pretences at all.
Slieriff Daniel. I think il is, that when
things are not done as you would have them,
you must immediately rebel.
Hotlouay. No, Sir," not that ; we did not de-
sign a rebellion.
Slieriff Danie/, The seizing the king is cer->
tainly a rebellion, and one of the highest steps
of rebellion.
Hollotrat/, We say this, that all ways wer*
used against Protestants ; several Sham- Plots ;
hut no justice could be had against Papists.
Sheriff Daniel. Several uf them viere exe-
cuted here.
HoUmcay. There wore some executed at
first. Sir ; but al'terwaitis, when so many great
persons came to be concerned, there was no-
thing could be had against them.
Sheriff Daniel. Tbei-e were mighty searches
made about London, for that great number of
Papists talked on.
HolU/uni/. There was a great many seized,
Sir ; but wuat became of them ?
Sheriff Da?? tV/. Generally tried, and brought
to condign punishment. Y on would not have
had every Irislunnn believed against liunesf
men. Snine peoiile were called papists in
inas({uera(lc.
Holloa ay. Irishmen were believed against
Prot'Stauts ; after they had turned about, and
had sworn against papists, they were believed
then. It was well observed, *^tliat while the
Irish evidences did continue in the first dis-
course of the popish plot, and in the first evi-
(Wncos, then, it is well known, they were slight-
ed, anti all cried out ai>ainst ; hut when they
came to swenr against Protestants, then thing*
were alt«*r«?d presently.
Slieriff Dashu'(H)(J. 1 pray God all men's eyes
m%iy be opened to see what is done.
iloUoauy. 1 uould not advise any one to ^
that «ay to work, to do any thingby ftirce of
arms ; and I wish the kind's eyes may be open-
ed, that he may see his eneuiies from his friends;
and 1 think he hath cause to look for thfnn near
his home.
Sheriff Dashtcood. Have you any papers to
deliver ?
Hollmvay. 1 have no ot^>er papers; what
paper I wrote, the council hu<l. 1 did write a
pa|>er, that it might he- fouie satis^M'tioii to the
opinions of pcopl" «.l' wl.ut 1 knew, that rare
might lif* taken ii» pi«-\int <ither opiniimR. if
ihcK \\<'V\f ?\\ rnor. \vA that paper the council
h:id ; thon^h \\w\; Iviok il very heinoiislT of ine
i ihut 1 shuiild p!-f«<:uine to write siu*h :t Aiing. I
1 1] STATE TRIALS. 36 CiiAftLfiS H. l6U.^Pr0Citdingw agmmi J. Hefhway, [ I
Ifioked iifmn it that t couid not do more for the
kirns, than to acciunirii liim of wbil i kaew^
t' were niisitiformed, tliere ttii^bt be
o. H> alter tJie own roil.
SiiLiiit l^uMiT^i/. \ou have delivered no
puf>ei- tu }*Jur wiie, or tu any friend* ?
liifUoaay, Thttt^ 1 suppose, is well known
to tlie gAuler.
bhisvitf DuAhvood, You know betleT than
any body whether you liavu or not. You may
ty Ay, or No.
Hounway* I could not lie admitted to write
jy for I could not have pen and ink to wrile
mny thintr hut this*
SIu^fiiF Daihwood, And you ha?e not deli-
V iijjer?
. 1 have written to some friends. I
know It i& supposed that 1 had deUvered a copy
of that paper that the eouncit had ; and, 1 tliiuk
if it had heeo knowu publicly, It would have
done no great bitft.
SbenH' D/ifiit7. You speak of several (teoplts
opinions ; what do you mean ?
Hoihuaif, As concerning' the times, Sir, the
management of aflairs.
Sheriff Daniel. Prtiy^ Sir, under what deno-
mination do you reckon yourself?
UoLLmtay* I reckou myself a Protestant.
Sheriff JDtimW. Ofwhatiort? Of the church
tf finffland, or of the Disaenteni from them ?
Holhway, I am not a Disaenter from the
church of England.
8hti ' Nor joined with thein?
Hit a joiueii with them altogether.
But 1 Lhoiigla tliat if aov good had been de>
signed for England, that J had done enough to
merit a pardon ; for f liad wrote so much of
tnitl^, and was so fair and plain in it, that 1
ihouj^ht it would have merited a pardon^ if any
good were designed, li" I could have disco-
vered more, that h»d been for the king and
kingdom's intcrcM, I wuidd have done it; for I
did not do it rashly, but considered of it some
time before I gave it in . I hope it will be a sa-
lisiactmn that there was sucn a plot; what
other n>en*s opinions might be of it I caunot
tell, but leave every one to their own judg-
ment. It was feared thai arbitrary govern-
ment and iM»pery was dcsignrd: aud truly, I
think, at this present time, by what I can un-
dcrxtaud, that iliere is little bellcr de^i^ned.
Capt. Rtchardson. This 18 reflecting upon
the govimmcni.
«heriff VashtLOod, Tht* is not fit.
llfyliaway. J say it is contrary lo the king's
^^itiicL Sir, wc have neither a re-
r,nirjl*>n fur yOU-
I t'jipect it, Sir ; if troth
li . J '. I ikve merited a pardon, I
ought littve had it.
Capt. Richardson, The king is the best
judge of his own mercy*
HW//CTrn;/. Had tbc Uw be«i executed
^^ -tshoHTcuders, Ihad n«verbc«ucon-
c« y l*lot.
CapL Ktckardstm, You know the king wi«
veryean]«!ftt in thai, to bare the lawi ^mi
ejcecution against theiu ; and that be inovcd
to the pai'Uament to have it ik>np. Have ^
any tiling else lo say tliat more nearly <
you ?
Hotiomay, I wiah I could have been
otherwise seruceubleto the king and kingdo
before I leli thvui, I should have bccji i£
willing \ and it was always my design
mote the king and kiugdom'^s in
than my own.
Hhetiff Unmel. Well, Sir, you MyrJ
things very well ; hut others ill,
Hotiowai/. What t say. Sir, 1 leave
ple^s jnd^'-menu ; if 1 am mistaketif
they will be utherwi^^e.
Hheriff Dunkl. Well, Sir, liave you
thing failher lo sa}* ? — HoUoway, No, Sir.
Hbei'tff Dmhu'ood. I suppose you n^ed
keep a meeting, or club, at Bristol, with i
therCv
Bdkrway. 1 know some have repre
club very had in Bristol. A club we bad i
the choice of partiamcnt-meo.
Sheriff DanicL The Horse-shoe club.
Sheriff Dashwood. Or the 31 ermaid-c
HoUumay. The Horse* shoe club, it wt
for carrying on the election of pariift^^
men. ff all such things should be calledi
there were ^ax at cltibs kept by auothor i
Sheriff Daniel. Well, Sir, you had I
f yourself for death, you have no long
ive.
Then he opened his Bible and reaM *'•* *
Psalm, and part of two chapters r
brews, and afterwards aske<i the 8hti,U- j
oM^ht have liberty lo pray ; wbieh
granted, he prayed as follows :
** Blesi»eil and holy Loi-d our Go<], thou ]
before all men, thou art the only true God, I
Almighty God, the fountain of all
Thou art the discerner of all hearts, th
thoiightfl of men are not unknown to thee.
Lord, what am I that thou should^t be luijidl]^
of me, or that thou shouldst suffer me now I
call upon thee, when thou mi gh test have I
me away in the commission of somt- sin i '
theci* Ijiit thou ha^t been a merciful I
long suffering God, a patient God. O J
trust it h far my soul's weJfare in brin
to this, though it is an untimely end, fcrl
cuttest off my days in the midnt^ but Lord, |
trust it is for my souPs sake. Our times ate i
thy hands, and it is my sins that have brouj
me to this. t>h give mc a true sense of l"
as I trust thou hast done, and that thou ha
heard my prayers, and wilt be my
comforter, and receive me in and throu
merits of Jesus Christ our Lord, who I
himself a sacrifice for our sins, even for tbe tin
of the \*holc world, and now sitteth at
right hand baercixting for us. Lord, bear i
in and through him. Lay not any of foy i
to my charge ; let not the least sm be unp
dooed. The lea^t stu deservctb damaatioti^
Lord, I trust thou hast pardoned tbein all, aa
13] STATE TRIALS, 36 Charles II. l684.-/(pr High Treason. [14
The PAPER dsUrered to the Sheriffs.
int thou hast heard my prayers, and the
fn^'cni of utbcmi lor me. Li)nl,*in mercy look
im upon iiie ; in mercy look down upon this
Mtoa ; (mnlon tlu* crying sins thereof. Lord,
ikM seesi to %» hat a lit- i^rht of sin it grows, and
liMi seest what wickedness is promoted in all
fhoB. anil what little eh«MHiragemeiit there is
Utawhicli is giKid. Lord, l)lt!ss the kin^,
■ikeefi bini from all con-^piracies. LonI, g'ive
Mm a scn<ie of his condition, and make him
kwm bi< (mtHiiies fn»in his friends. O Lord,
klhiitt i<*ok close aliout him, to see who arc
rint him ; and Lord put an end to all plot -
ti^. O Loril, make him a happy prince, give
\m a siDse of his sins, and a sense of wliosc
Mniat he i<. Lord, make him thy tnie ^nd
Maiol servant. Lord, bless all thy people
whatatjever tln-y are, and continue thy Gospc-I
OTT vbere, let* it not be rooted out. C> Loi-d,
Am knoirest uhat contiivauces have been
Bide a^iinst it. Lord, continue it here; let it
%mmU more than ever it hath done. I^ord,
■ke £n;;Iaod a place thou wilt delight to
6clin, aail nuke them know thou hast not
^■k so with every nation. Lord, hear the
pnvos «if all thy people. Lord, continue t!ie
wpd in £nsr<utitl ; I^t not po)>ery, let not
mnry ^o« eminent csme in. (I Lonl, there
V» fvwi'laws in Kngland, Jjord, let them he
fit a execution. Lord, hear mc for thy mer-
CMiiilfie. I am now coming unto thee. Lord,
I kaie but a minute or two to be here, let thy
yiril receive me, to thee I commit my spirit.
Mi, War ne, and answiT me for thy S«ui's
■kt, «^ ii at thy right hand interccciing for
■«ft» wfaoa with" thee and thy eternal Spirit
WafiiHiOoar, ai:d ^'lory, and praise, both now
•rfcfffBJore.'*
^ *Thitn bein*; a^iketl, \Vho was in council at '
tae ee!ivm uf the letter 1' I In answcreiL) I
H.tlav4^§f, There was the duke of York. an<I I
JtefWil keeper ; 1 did not deliver it : !t wa-i '
■■■C^ptefl iu a letter, or givi.n in. J did not I
!■■» how It was ; fi»r I have been kept, so that '
liidBotthe Ub«.Ti% to set? any fri^'iid, till \cs- j
Mty in the aiteni'oun I had the liK>erty ot'two '
* wee boursk with my wife.
Capi. Rtcfinrdwn. \ ou had your wlic- \wth !
|Mi before, ami your sister, a!id .some other
UUiouav- But that was never without a
Cape. iiuharJson. \ ^^\\ .ire in the rijfht, j
Hlenti' DnttuL They do not u^^e to allow
•mwler your ci^cu.n^tuuces such a liberty
■5Ji« talk of.
lUUoi-ejf. 1 pray dA that no nthi.T people
■11 €mi0kirn themselves w itli puhlie adiiirs, out
if tiMr o%rn way; and that the Kcribd'crs
il%hl be put down, for they do more iuut to
%i|aas>iloni than any thin*^ eKe.
Ifttritf Ihintfl. Have you any tbinn^ more to
MS'^ilifUviL uy. iSiO, Sir.
mmUS D'ifi'tL Then God Iuavc mercy upon
tlmaftcr which hf" was turntd uff.
April ^6, 1684.
To stop the mouths, <Scc. of. all pamphleteers,
and newrs- scribblers, who ha\ e done more pre •
judioe to his majesty and kingdomjs, by tlicir
impudent endtavour's to sham p.ll plots, and to
fill the country with false news, thaO they will
ever be able toretrune; and to satisfy all I
leave behuid me, 1 thouirht good to draw up a
short account of what 1 knew of the late Pro-
testant Plot, how I came to be concenuid, what
induced me to it, and how far I was concerned,
also my now opinion of it, &c.
It vva> my unhappincss to have too publi-? a
spirit for one ot* my capacity, and us soon as I
i:imie to be a froc lian, to prefer the king's and
kingdom's interest Ictbrc my own ; for having
some knowled}Ve in linen-ciotb, upou the pro-
hibitions of French linens, ^c. 1 thought the
linen manufacture might be brought to peifec-
tion in Enii^land, to the veiy great advantage of
the poor, and so made some trial of it in War-
wickshire, where 1 employed some hundretls
of poor, ami in about eigliteen months time
brought it to such perfection, that 1 could make
as good cloth as the French, and so well imi-
tate it, that few coidd know it from French ;
but the prohibition being not so strict as at first
seemed to be, Frenrh cloth was brought in
chea|)er than ever ; so that I was forced to leave
off with loss ; but considering, that by an act of
farliament tor its encouragement, in a method
had thought upon, it might be settled much
to the king's and kingdom's interest, advancing
the king's revenue near two hundred thousanu
pounds a }ear, and would have employed about
eighty thousand poor people, anti about forty
thousand acres of l«nd ; concerning which I
was, al>oui June IGHO, brought acquainted with
the earl of IOsse\, to whom J related the busi-
n<ss, wlio itii'.nuiiiulely had me to the (now)
f"\v\ of Ttorlic"-:tiT, then Pr.*«?i'ltMit of the Trea-
sury, and h*i l».id mc to sir lidwanl Deerint*",
w'.io (when tluy tniderstood my proposals)
gave me something to bear i;iy charges, and
encouraged me to utl'.'nd tlie i:t:xt parliament,
t'j endeavour the ]u"nM.1ion then»of; which I
did almost t!ii;wi.oI- .^'s -ions, and brought to
the h'jH-.iker'.s riinmber soraeof the cloth,which
ujfjcoiujmrivl with French, ^c. vvA thedf^igu
well {'pprovcil (»f by all; which bmught me
into lou large aenuaiutance for one of my capa-
city ; fi(j:n v. lioin I hcrvd too much (as hath
proved, fir nsy i:)*.erc '.) of things that were
in hi»!id er.rA'"U'ing the Popish Plot, which
prevcnifd the doing any thing a** to my design.
So that aflf:r 1 %vjis encouraged to attend the
O.'dijrtI parliament, which 1 did ; and was de-
sired there hy the carl of Clarendon, and
otlni-'. to piepire ;» bill ; the headvof which 1.
drew iip^ thou'i'h it proved to no purpose but
my ruin. 1 uish my kine, and country might
ri'iip tli»' betiefit of what I pay so dear for. The
more 1 knew durins^niy at* judunceonthosetwo
parliaments, tlio nion^ I w as desirous to know ;
and did by some scribblers and news-mongers
15] STATE TRIALS, S6 Charles II. iSs^.-^Proceedhgt against J. Hollowa^y [16
constaiitljr kuow most public afTairs that \% ere to be done biz ueeki befcn^, that they had oohf
acted,wl)ich they undertook to i-c|M'csi|nl accord- > a parcel of amis ready, and that they bad nci^ -
ing^ to tlieir own liiiinour ; many actions being* ; thcr men nor horKCs ;' but one said if they couli ,
represented very illc^l, much a^nst the pro- haveraiiieddor8(K)/.to baTebougfhtbor8e8,md
testant interest, in favour of papists, &c also mmetliin^ to encourage men, they should
• 11... _ . I have found men enough ; so that I looked npoa .
that only to be the design of fire or six penani«
and no way likely to be acted ; but the gcnsnl
design for the insurrection was carried on h/
others ; who, though they had mails a gml
stir in the nation, trying the inclinations of
peoule, and had ti'eateil with the SScotsand
Irish, as I heard, who were to be ready at tbt
same time, yet were never come to any resoln-
shamming the Popish i*iot, and layuig sham
plots up4)n prottstants ; abusing the rights and
J)rivileges of the subject, the truth of which I
eave to the jiidgmeut of all ; but heanng
many sueh like things, was easily prevailed
with to be concerned in the plot, according as
it was proposed to me, viz.
About July l^&2, I met with a person who
then being come from London, gave me a re- . .
lation at large concerning the election of i ti]^'^ ^ii t4» any time or method, liefore all
sheriffs that liad been in June, the manner of t discovered ; thou^rli they had lieen
which is well known to :ill ; he represented it to
me as a very illegal action, and that there was
a devilish (tcsign of the jiapists in it, to cut off
the king^s frieuds, the stirring men in both tlie
last parliaments, as to the prosecution of the
Popish Plot, who I always took to be both the
king's and the nation's friends. That there
were witnesses had been reaily a lon^ time, to
swear against them, but they could not ^et
jurors to believe them, but now they had by
force of arms, &:c. got sheriffs who will find
juries to believe them, and so hang tlieni up
at their pleasure ; that there was none bnt had
council about the king, who kept all ill actions
from his knowledge ; and if they proceeded to
swear North and Uicli at Michaelmas, and to
choosa lunl-niayor, as thev had done Kherif)s,
the Protestant ginilr)' were resolved (naming
some) to remedy what was dc^signetl, by an in-
suiTection in several partu of i^ngland ; and, if
possible, to g<rt the Icing off from his evil coun-
cil, and bring all ]H»pis)i offenders to justice,
sayiiiif, that they uere sure that, when the
king knew the occaiiiou ot' ifieir rising, he
would presently give up all oflenders, and
come in to them. That it should begin ii\
Nu't'eml^r iu London, Hristul, Kvetrr, 'ftiim-
ttu, Chester, York, Newcastle; and that we . , ._
should hear mora of it in a month's time: ! tlioii;^hts, and actions of all, though never
months contriving of it, from the time I fim
hc>ard of it. This, 1 hope, will be enough to
satisfy all peojde that there was a pkit; 1
mention no names here, having given Ml
majest}' a more large 'account of w hat I kncir'
of it, mentioning the names of all that I knew
conccrnc«l. The arguments before mentioned,
with many others to the same eflect, not only
soon prevailed with me, but made me iudeed
think it my duty to do what I could for my
king and cbuntr^^'s safety ; being then fully
persuaded, tliat not only popery, hut arbitrary
government was inlcnde<l ; not tlien consider^
ing, (as I have siticc considered) how much
bloodshed it might hnvc caused iu the nation ^
for then I thoui;tht all woukl have been ended
in littki thne, supposing things to he as to me
was reported. Diit 1 do^now declare my
hearty sorrow for my yielding thereto, tind
acting therein ; thongfi 1 can safely snj', I was
not lor talcMig thu king's life, but wholly for hii
|»rcaervation," yet am satisHcd that it might
linvo caused very much bloodshed in the natioot
hx\\\ nni glad it did not take effect. Also I
dtclarc, that I am satisfied it was a very great
sin against God, not only in distrusting hit
Provjilencp, hut in ollVring to take the work
out of his hand, who knows the hearts.
therefore desired we loight consider lii>w it
iui;iht be raanaged in Bristol ; which we did ;
;ind concludeit, that Bristol, with abfiut J6U
npen, might l:>e easily securetl by a surprize,
without the bloodshed of one man. About a
month aher that, cauie the person he mention •
ed we should hear tuova by ; but he could
declare no more than the fornier did, only that
the design went on, and there would be linn I v
notice given to all parts ; but we hearof notliiiii*:
hut disappointments and delays, putting it off
from time to time. In April 1 heard of :i not her
daiign against the king, and duke of York, as
they were to come from Newmarket, Sf>me
time in March ; but when 1 enquired into that,
fbunil it was carried on by three or four ; and
never oouhl hear the names of above five that
were for it.- When I heard it, I declared my
abbon-f^nce of any such thing, and that I was
confident ntme in our parts would be tor such a
baM action. After that, I enquired further into
iti and could find, that dthoagh it ww intended
sorrct ; whose mercy and panlon 1 most hum-
bly iieg, and trust shall have; and in confidence
thereor", (through the merits of the blowl of our
liOrd aud Saviour (.*hrist Jesus) can willingly
die. Nothing (next to this and all other my
.siii^) ii» more trouble to ute than the thoughts
hmv (dying^ 1 shall leavi; my relations and
frit'ods in trouble, concerning 'my worldly nf-
I fairs ; boing by r»;ason of thi.s unhappy concern,
I not in such a poslure as they should be : So
that by my di'at'u my dearest friends will not
only he \ei\ in great It rouble, but lie under the
iwuRure of' many, none understanding how
things arc ; ni\ wife and children ruined, and
my creilitors grtut losers ; whereas might 1
haVc b(.*en thought worthy to live, I should
have taken the trouble olF them all, and hope
in time to have pai<i every man to a penny ;
for I can from my hvart say, that as 1 hope
for salv:ition, I novor designe<l any fraud to
any man, bnt to pay every man his due. I
have hcani that sunie shoiUd say, I took up
4
STATE TRIALS, 36Cbari.es II. i6S4.--/or High TVeta&n,
[18
Herest to carry on the plot; wbich
or I never was at any charge therein
omtaon expenreii, nor never heard
y rai^-ed opoo that account ; thonjfh
0,000/. that were to be raised ibr
Hit suppose it was not done. I
la pretty well satisfied, and hope
\ na to my iiiturc state, and can
tve the world ; but upin the ac-
r friends ami creditors, considering
I they will be left in, could gladly
me time, that I might have taken
dal that I fear will be laiil upon ine
jooe ; but God knons my heart,
ind always was from any tliouglits
Aed that all nneans that conld be
bftve been used to get as much out
■iUe, but had it not been my rcso-
daite all that I knew concerning
id also to do what in me Jay to
lottiiigs ibr the future, that tliere
end put to iiuch heats, difierences,
■miogs, that is, one against ano-
b» majestvand his subjects mi<<:ht
I lore and union, an ought to be
■tiiice and his people, I bad not
I did ; for I was never a man to be
ion by severity, and whut I wrote
wholly dqicndcd upon his mercy ; besides, I
had some other reasons why I did not plead,
which at present I conceal ; and also ^liy I
did not s}»eak what I intended. More 1 may
say at the place of execution, before I leave the
world, which will be according as I find things ;
but as to a discovery of any more persons (1
cannot) than has been nJready menttoneiL
Should I mention any whom I itiought would
have been concerned^ I may much aliusethem,
tlioiigh I believe many thousimds in the nation
would have apjteareil, for the reasons afore-
mentH>ned, which causeil me to be concerned.
I doubt not, but several that were concerned,
who are or may bo cleare<l, for want of suffi-
cient proof against them, or by his majesty's
mercy, will blame me ibr confessiug what I
knew ; and not much grieve thai. I iaikd of a
panlon, or at my death. But 1 repent not ray
conft^on ; and could 1 discover more, wouhl
do it willingly, though I find no mercy with
man. ' James Hollowat.
due consideration, being no<
roflk I do snppose, that making
waA large contcnsiun at first, ami
ttioBsthiit might be observed in luy
A 1 perceive were intercepted, may
ilboogtits that I sti!l reserve some
inavered ; but as to my t^nfcKsion,
ally done, I had had some weeks
ItyjigKto mind, and :!S for }MM-s<ins,
«e account, and of all pussaf^^es 1
MJbcr, thougl) vA^a'i^ do a!:d m:iy
Biml. What 1 suj»ivfKii was oliscrv- j
ttlers, might hv sj'ir.v fcif.Jish ex- |
Mcmiusr soiiit^ uf my acr(ua!i:ta>ice, '
wouki betray nu t'neutl, meaning-,
Btity should cause me to accuiir' any
ciy to save myself, idthough (if 1
lltbe accusing of a ni'.mher of {ler-
llave saved i:iy iitV*, and bud hreti
rwold do any vu'h thing to save iiie)
■met cause c-f any n\mi ; for wlaii 1
aderi, tlwse :n*ltri«tol, '•.I'l d>e-
ift were my ni:^*. iiitiuiJite :ief}u:»iiit-
led to do' any *.W."*x f'.r ?•«<•; liay.
neeive letters whe:i I wr )tL' to thei;:.
af should hf fouiid ti liuM corres-
iidi me. >Vlien i crave in uiy con-
Mwd not up>.>ii tffrtns id' a pardon,
Ident, if truth Mould mr.rit mucy
iW, I shouM ha\e Ills pHr>iou, and
■ the only way lo s:ti!i uiLvey with
id it already that o* op'le nru {UiKiiini;
Mi upon me, some on*: way, c^iid
htft ^ "^.^ "'^' plea'.lin&(, aud i.c-
(ipMiier tnal whim Lt wat oH'Mvd,
Ml Canfcosed tbe uliole iniiiotniem ;
iMniS ^r 1 S'^i'l ^i»i'-. ^Viiat 1 was
nmi tnnfrf nl to liis> liiujesty, aud
In the Year 1684 were published, in a folio
Pamphlet,* " Tlie free and voluntary
" CONFESSION and NARRATIVE of
" JAMES HOLLOW AY. (Addressed to
" his Majesty). "Written with his own
*« Ifanil, and delivered by liimseir to ]\Ir.
»* Sirretary Jenkins ; as also the Pro-
*^ cecdings against the said James Hol-
<* loway in his Majesty's King's-Bench
" Court, Westminster ; and his Petition
** to his Majesty. Togellier with a par-
' ' tieular A ccount of the Disconrsj as passed
*' between the Slieriifs of Londtin and tlie
*' said James Holloway, at tlie time of liis
*• Execrtion for Ili;^!*. Trciso!! ul Tyburn,
" April :J0, lOui. With bis Prayer im-
** metliptely U fore, and tlic truo Copy of
*' the Proper ilr-llvonvl Uur.u at the same
*^ tiriu; aiid placv. l.o:u!on: IVintcd for
" l?i,li' rl Horn, Jolin Barker, and Join
" H«.'diijj»ync." Tlus Pamphlet contains
all th«* AKiVler licre printL'd, touvther with
the ll>llowip.2'
CONFEJ-:si<)N OR NARRATIVE.
Cirejit Sir,
I \our uiaicr-.ty's most Ijunihle, hut to': nuich
nn-:levl, and i!iN.'>fMlif.nt sui)jccl, do lu-ie nK";t
faithfully, aeeordinj^ to the best uf my reincfti-
■f At Tne t?Mi of the jiaTnphlet is the f^dlow-
ing linpriinatir : '» V. c ::;>TM.i:il Kobert llorii,
'•"John llekm-, ami J^nu UiMnasn, to print
*' tln'sc paj-erf, o\A i»i .t none 'nher print the
*' tame. i*i::i.;. Damel.
G
ID] STATE TRIALS, 36 Charlis II. iesi.-^rroceediugiugaMt J. HoUcway, [90
lininrc, irivc you an account of what 1 knew
eoiurniiiijj ilie lute discovered conspiracy, b<»\v
I caiin* to be coiu'cnieil, how far I was cun-
ccrncii ; how it was so have been rarritnl on
ill Ihisiol ; wh^v I did not come in at the tirsl j
(lisci:tery, aml'cu^t n)\s(lf at your UK«jf3l>'.s
fivt tiir lUcn y *, how I'luatW iny csca|«s ami
whcro 1 wai**ii:l luk*n. Jf 1 shall throujrh
f(M-j»vifiil!iL'sisi omit any tliinj^ ihal it may be
thoutjht I aui privy to, 1 t»hall be rcady'and
'wiilin;'^ truly to aiiKwcr any question that shall
be asked by youi'innjotv,* or any your most
honourable pri\y council, no way despairing
of your niaj< .sly 's uurcy, luu remain in hufics,
that that iouutuin ofnicrcy which hath so
abundantly tU>wcd fi om your sacred breast ever
siui-e your happy r(>Nturaiiun is not yet dry,
»ni\ tliat thci-e is s*>nie drtips lelt for me, who
doi'ht not but to serve your majesty both at
home and abroad, laiu'h more living than my
ikath will.
I'hat w Inch 1 have cause to impute the oc-
easinn cf my boiiit^ concerned, was my too
public spirit, ' prt :«-rrinjj^ v our uuijcsty 's and my !
e.ouu!ry's interest much Inilure my own, but
espcc:i;dly in altciidinijf the two last p.irUamenU,
pn»n\(.tinjif an act, for th.f encour.imimcnt of
the Mneu Maimfatturo, a;id the pn \eiiti:)j;- of
frauds in y uui- majesty \s cuslouis, :^c. which
would huvo brought in, and saved to your
maJLSty ni'ar '2(>0,()00/. per ann. and employed
many iliuu;v:uils of poor, 6cc, as is well known
t<> many uoithy persons abt»ut \ our court, and !
ii:djed provi'ti usy ruin, otherwise than in tliis I
C'sneern by brinjiiupf me into too great ac- |
(jii.:i.itance for oi>f* of my capacity, and by
!li:»l tube c<iiice>iU'l .:*; 1 WU';. My atte-ndaa'c
o.i tho.?e two pari.^iaents i doubt have been
iiji;ripre;>inted.
(lotv far I was concerned.
Ai'tir Ihc dissolution of iho two last parlia*
iiicnis, 1 observed a ;j;ii!at dissatisfaction i
iii pi'opli-, ill iiuisi parts where I traxeTbd, but :
lje:ii(l iMihinrr of any deaiy^n till July UuTi, '
v.iit'ii one. \!r. .lost.'ph Tyly, of Hrist«>l, cunic I
fruui Loiiilo:: ; 1 uieetiii^ with him, askul |
wliai iwws, he aiiswercd to this effect, all bad, I
ami if siiMie ^ptrdy coui*se be not taken we
sIimII Im^ all undone, for by their aibitrary,
iilei^^ul ways, ami by force of anus, they have i
t;".ot slM-ri/is to I heir minds, witnesses they had |
bt (ore, but xKiiit'Ml jurors to l»elievetlit:m. now
tb. y innt'irnt .slurilfs, namin<^ 3Ir. Xor'.h :u.*l
Mr. Jde.h, who \\\\\ fuid juroi-s to b«'lie%e any
e%i(U iici* ai4-aii..>t u prutestant, and so hang up
nil ilie kind's friends by dci^rees ; I then told
hnii that I thous;ht it was iin|N)s<;ible such j
tliiiiir.s could be done, but the kini^ nmst hear I
cit'il; no, said he, there is none suffered to I
couip near the KinGC, but those who have been
decldicd enemips to the kin«r and kingdom by
]iarlis)ment, naming Kome that were mentionetl
in thi> priutril \otes, who to save themselves do !
cndtavotir to keep all such things from the
kind's kuouh-diTo, and persuatle him against ;
liariaiuiut^. with uiucU u;oi'i{ such Ukc dis- ;
J
course, by which I found the same was dis-
coursed Itiroughout England, Scotkind, and
Ireland, as a means to engage people. At
length he told me that the protestant jgentrj't
naming the carl of Shafteb-bury, lord Howard
of Escrick, and others were come to a iiesolti-
tion, sc>eiugfair means v\ould notdo, bntall
things on the protestants' side are inisrepe-
sentcd to tlie king, by such great enmi-
nals, and none iivore in favour tbun those, ta
t.'die the king from liis evil council, and that
by an insurrection in several parts of Eoglaod
al once, viz. luondou, Bristol, Taunton, Exe-
ter, Chester, Newcastle, York, and some other
places in the north, and that there would be a
considerable party ready in Scotland, and ano*
ther in Ireland, *^thcrdore, said he, vtemust
consider how to mana<jrH aihiirs in Hristol, fiir
if they praceed at Michaelmas, in choosing
lonl-mayor as they did bherilfs, and to awear-
in«7 of North and Hith, it must begin in Oe*
tolxir or Movember, otherwise there will be
some sham plot contrived to take off mo&t of
the stirring men in the last parliaments ; with
much other discourse Cb the same effect ; add-
ing, that Mr. Wade would come down very
suddenly, by whom we might expect a foil
account of all. y\ bout the ended* Auj^ust, as
near as I ciui remember, Mr. W.'uJe cania
down, who cH)ntirmed what Mr. Tyly had
said, but coidd say little as to any fartlier re-
stdution they were come to above, either of
any time or luethod agreed upon, but that tbo
design went on, and men were employed iu all
parts to try how people were inclined, who
found enough ready, and that there would be
no wans vi' men, it it was once begun. Then
we considered how it mij,lit bf? inanagcd in
ilristul, and wh:it muiiber of men might be
iieeilful for the lii-st or.>.et ; towards which he
s-.iid, we miu'ht depend on loO men from
Taunton or thereabouts, and concknled that
;>oO might Ih: sutlicient to secure it without the
bloodshed of one man, it being our design to
shell no blood if possible ; but this we resolved
not to aecpiaint any of our friends with it, till
the day aud method was rcscdved, of which he
said wo shoidd have ten or fourteen days no-
tice ; and having soon consideretl of a method,
wuited in expcdati'jn of further advice, but
none came till November ; then wc heard that
some disappoiiitnn-nt happening they were
forced to d«day it, though there was moie and
na-n: cause for it. The end of December or
Im ginning of January had advice that it waa
deftrred to tlieb».tjinnlngof !\larch. The third
of March 1 came to jjondon, and meeting
wit!. !\ir. Wade, asked him how things went*
who answered that he coubl not tell what to
make of it, for he could find nothing done,
more than was nine months before. The
great persons who were the managers, having
done notbii:g but talked of things, lint now
there was some others appointed to manage it,
u bo were men of business, naming them U> me,
viz. the curl of Kbse.x, the lord IIt;ward oi
Lscriwu, liitt lord Urey, the lord ItusselK col.
Sdarj* major Wildman, Mr. Hampden the
€r, ftncJ M r. Charlton, who he did siiiiposi'
make soinrthing of it, and not do as tlie
had «|f>Dr, niakt* a }i*ar.s talk lo ensnare
■MiTthousnrjfN of pcf »i»l«* to no purpose; lor
tkfselttd kfreadv st:nt nu*sscn«r< l'^« into ^U•ot-
MiBfi Irr-iainL to know thnir minds, ni'min^
«rlaroii Smith, sent into Scotland, and at the
IfBRfif the iiiessen^fcrs, would come to a i*eso-
iMas to tin)C and method, but he was oonti-
iBKtbc\ could not hi nMd5'bitbref}]idsumiiuT,
lvia»ii) thev bad done so little in order to it.
Mr. Wade was t!ifn dfM;;ncd into the wet, upon
AectTi'of St.imf(»rd*s husincss, and said it he
u&dcrstund aiiv thinsrniore before lie left
he
ttus
STATE TRIALS, 36 Ciurlf.s II. \CSl,—/or IJi^h Treason. | \>2
duke, eoniinnr from Newmarket, wliieh they
e\pei*titl would ha>eh(>cii that Saturday men-
tioned in his li'ttiT, hud not tho lir«' h.ipp«Micd,
whicii e:ni^"d thrni to eiMu*.' ^oonor ; nay, Faid
lit*, hatl we l.nown ihvy would have staycMl ro
ionjy as th'^y did, tlx'ir h-isiiu '';s slmold ha%c
Wf^n done : 1 tli'-n asked him what lie meant hy
desirinij Mv. \\i\i\v to fjet his elifiits tofjithrr
h\ that «lay, ami what h#* eould prop'»se they
sfumld huv'edono, to wliich lu* could ♦<:ty litlii*,
only that they mi<rht be ready. 1 tln'n told
hini, that 1 thous^ht it a very rash tliin«jf. a»!d
that few in Kn<rland wouM approve ot it, that I
was sure none about us wouUI, bcir.nr a most
eowanllv, dishonouraide action, In'si.los the
uould take Hristoi in his way, and bas<'st sin of m>ir(h'r ; then, saiil h<>, what is
uitli it. This join-n;'y Ik- brouo'lit dt-siyfu.'d by thf f»-,MUTal desijjn hut lo take them
■ttooL'l. Kunist'V. with viliomue had little j both" off, and if it had he<n doni* tl.al way, it
hmats^; he b«*i:i;J ?oin(r forth with his lady. , wonki have prevented a great dtal o\ hlo<»d.-h4'«I
lliaith «'f March 1 left Loudon, and ueiit j in the nation; no, said i, no such thin«^ i)»
&Ntlf for Bristol ; about the 12th of March ; d*.'sii;tied as 1 know of, the general desi^^n l>einir
lbW;<de came to liristol, but then could say ( only to sfet the kinj^f ort' from his evil counsel*,
Maretban as above, the incsS4*n£rer.s heinlf ' who had advised hiiu to put a stop to procet d-
iicMie Uick trotii 8«*otlaud nor Ireland, and ' incrs a^piinsl Popish l*Iotl< rs, by diss>dvin^ of
mtf bi> f<>riii<n' opinion, that if any tliinof j p'arliaments, \e. and to bririf;^ afl Popish oneii-
VRdonc, it could ni)l be More .Midsummer, ' '
kite €\pcct-.-d to b<' abouttwo mouths in the |
VM, and said that it' any thiu>4- was agfreed i
ifn *».ier, one >lr. \\ e>t. a counseUor>>liad .
fnniiHS to M rite to him in the nanu; of lnc;-le-
a«e, «a«l (tirc4'l his letter to be left at his bro-
ikr'iin HrMol, who Wade ordereil that if any
mdt kt>r c;iiiie, to open it, and if any thinj^
■Bexn« ia it, to s<:nd it hy a nu*ssen^T*to him
■lb tLr vv»t. About the ITlli of Mandi came
% Wtter t-r hilt from Wist, in the name of
&«'•''■?*• Xh. H Inch his brother opoued. r.nd not
fc-aiffi.: ::•; .^ iSi.' «.i;ic, brouuht it to me, but I
iaew a •; : e* KiOinir.^ thereof. The eonlents
•*»:•- ..-.-A \lr. \\ a<i«.' M> jrci lii^ clients to-
gcd:*r ;•.►. I.. \i S-.itiird.iy eoui*? t'lrtniubt. for
tan .•!<• ::. "• 'Jiy u^>{H)inted t-i kimI the wntiiii^-^,
lad >iX!-.* r .: I.N iHu'eiMiudis,;; it, his broi'ii.'r
mb} u »ii--'»'"*iiir»Taff<;rliin., whofoiiisd him
sT&i
«hi>>tojtistice, and such who had betrayed the
liberty of the subject : and this 1 think was all
the d'isroursc we had at that time, heinj^ the
tirsi of my acquaintance with him : that nijfht I
went with him to a tavern in I'leet-sirect,
when? was eaptiiin Nort<in, Kichard tit»oJ-
enough, and one Mr. Aylif, who, to my kiiow-
ledfifc, I never saw befo'n? nor since; whilst I
was with them there was no discourse of any
business, hul 1 so<m kft them totrether. The
next ilay Mv. Koe <d* J^ii^t.d, biH)Uuht me lo
Mr. I'erljuson. at the- house ot one Mr. }V«urno
a brewer, but was imladuulted to see him him-
self. \'\ rtfuson then w^iit by the name of Ko-
bert>, w h«i \« hen i had lohi my name a-.nl from
\^ hence 1 <\nne, was preity free in ihs^'ourse
with me, and told me the d««si',ni uent on very
well, that there were souu* SeotUsh crentlenien
ome up. who were tr:*atL«iu' with the ma-
nuLfers, and did hojM* th< y wmdtl atrrec in a few
days, aii'l come t<» a res.)lulion btilh as i.i ii;r.e
am! metiiod, r)f vs iiish we should li.,velimeiv
}»v all his «!i-
iiurse at that time, I
uuv ihintj of
>''.\ |ji> wnsuer hy the nu'sseniij v !
VH, tit.: •*.- knetv n'.»l ti:e lueanint^of it, but j
dbasiil !•« •%::iiiiit* !i iiiih-s (»f lirisfol the nevt
Itoinjay . •!»- ir.n*^ thit d' aiiy other Ivtter came, notice, ;>u'.
toira>l It t" !-.Mi. .\h')'.it three dnyvatb'r came could n-fl W'i«.ei\e thai lie knew
MHiKr h ir« - ;,'♦ ;»b'»ve, dcsirin*: him not to i the Ni;.Mi!i;;kei iieNJi^n.
Cll bib I \i' ii- to^fther, for the time of s<'i!lin«4' j That day I l.u.i some discourse w ilk eohmel
Vli put •'•:. v>li'.eli letter was also sent to Kim. ' Uiimsry ai hi-i hou-je, wlio I {"(I'lik! e is privy
Im b^ •..••i* r»*!<»od it not, siiyu)ir, it ivas some; to the NewiLurkt t bu«ine'?», it-od his opimim
■ib (mi* :i« s«t f.r (•ther, ami scv eut back a^ain. was, that the .\( w uta'.ket d^ «i>^n wo-.dd enuo.
Tb«*rit'ih iif April I canh» to London, and ■ to nothuiir. for hv uu: !.'»t approve oi tin- uia-
ftlft f rcr.ioi; ••%<•. ii ro 3lr. West's chauiher in . nasfuiN a( tiiM^»;, aui' i.iid there \vu"» noiluMi.'- like
At Tt-rii !•!•:, vtL-:r«. I fou:w^ him, who then" the other di'sit:ii. t >:• i'k'.i \»«iani I'tit "u ind to
#i»< k:i«j.» 'If, but when I tidd him my' all in a little tm:«'. in.n 1 1.» tl hiiu, ih.it nern- in
flMr, Irv ij %. lenci* 1 cam.', anti mentioned ' our parts would In; lor it ; »\ii;''.i t iliiok uaj
Attvtf ie-iterii "^Ir. U ade received from him, . all the discoui-se we then luid ; <'il\ he pro-
bbqr*B to l/e Norntwhat free in discmirse with mised, that if any thioi; v.ie* :i';ieed lielore .^Ir.
1 thTi tu!d him that Mr. Wade and his Wade came up I slufld lieu: t>l it. so 1 itiuk
wtrc ^ulplis^•d at the letters, not know- I Uave and went f.»r lin^. 1 il;v !:cxi mor:mii;.
Ifwbat b** lie ant by them, and did desire to , .Abouttendaysatu r. luani:^ ui.ihin*; l»om tlii-m
■HVyCoocerfiiiis^ which be seemetl a little shy, ' (Terpisou liavi!::*- tuM luc tiiai he thooi;:hi u!*
little d»>course, tie^an to tell me, say- I would 1h? ai'r*-» »l ;u tour oi tive days, and pio-
iiaft a deuji^n to takeotl'tbekino^ aud | niibvd to uUvivc) I v.ivta u Mr West, dei>>i.;.i;
iS.
SS] STATE TRIALS, 36 Charles II. \6%^—Prceuiingi€gnttd /. HpUaway,
to know how they went on, who wrote mc, i supplied with, wouhl be ready in three or
that they still met with delays, and were come
to no coaclusioD; aik-r that, I heanl no more
until May Al>otii ihe be^iiming of May I
caioe up to London a^in, in oompaiiy with Mr
Waiie and some otbt r Bri&tot men but when
we caiDL' upt my biisiarts being' m the city, and
iheirK about tlie Teji>]»ie, we parted; after two
or three days, I met with Mr. Wade, and asked
how he found Ihinjp^ who lold me^ he^ douhted
days, being tenihons^od pounds, wh'tch w
be. returned to Holland to boy anm, &€
Scotland. He &fW told us that the 8c
gcuLlemen iiad made atioiher proposal tc
manag^erg, tlius, if they would Ktipply tbop
thirty thousand poTindSj ibey would he^
Scotbnd tirsl^ which they could sewn baTC
then would inTade England, desiring the
nagert only to get a party in the Norl
all would }»rove albatn, for he thou^it there | Koi^bod, rea*Jyto*)ijpose any force from coi
was iif>tliin^ intended, findiag^ ooihiug^ mate-
rially dune in order to m bat ba«l been to ionfif
discourbed. Tlieu we wtiit to Mjs. West^ and
discouiMfd htm fully about ttie contents of his
Jotterti, who itild us,*tliey were resolveil to kill
the k'm^ and duke as they came from New-
market^ in onler to which, he had prt^vided | found nothing but delays, the manager!
arms for fifty men pistob, carbiDc^i and Wun- , agreeing how to raise 'the money » and
dcHniise-f> ami that they ^vere promised the | if the money had lieen ready, they
house of one Uundmld a maJtsler, which lay
:., *i I I *!.. I ■ ^ _- I __ i.r.
out of Em^tuTd agaiust then), before they
settled SootJand but this was not apprmrc
the managers chiding rather to supply 1
with iOjyOOi Old to begin it in Eni^lam
same time. Then we dallT expect^ to
when the money would be jiaid, l>ut
in the road, and the king must come by his
fiuor, there the men shotdd have been lodged.
'I'hen we asked who was to hate acted it, to
which he could givi; hut a lender answer and
rotddor would name hut two men, who were
KaiiibQld and bi-s l>rother, saying, if they could
hare raiserl uiK or eight hunihed pounds to hare
houglil iiorses, and souk thing to encourage
mejt, they shoiikl hiive had men enough ; an
that we ibund ihcy had few men, if more than
two, tmd no homes, only a pari^el of anus;
which afterwiiriti^ hu shewrJ us al a gun-
smith's hiuihc, i.' ii liitlc la.u* ucar'IVmplc-har.
Thrn we askwl him what iliey tlesigncd if it
hiid lakm iffect, to which he answereil, that
the men t^honld have come up vvih all sjif-ed iq
LcMuhii auddiapprfii>d lUnn'**'! es uitneiHalely
fU-cIariii-- for tiie duke of IMi uuiouth and ilii
th.e king uiitl duke l)cing ilead, no opposition
• ouhl iHMuailo; then we asked who wi-n« for
Ibis deiugn, he named col. Unnisey and
Ilidiard Uixtdcnoiigb, and, as far n» I ean re
come to no conclusion, as lo any metltod r
than thev were nine inontb« before^ hi
done nothmg hut talked to ensnare people
IM>ning about in all parts, how the liberti
the {J0op}e were daily more and moiemti
ed, and that arbitrary government md po
was coming in a|Mice, which incensed pi
very much, and made such a grumbling i
parts th^x v^ f I'tunA longer delays would I.
the common people in many parts mutin
lieiiig as we thouirht bo generally kiiown
\yi «oiiiethlngwfts suddenly done, it wai
Iior.sil»lr it should re mam imdbcotered,«)
I next time we met with Ilums-*y and F^
(thijit^^h never together) we declared om
fiaiifdaction by reason of such long delays,
spoke it so that it might come to the nianf
^ai-s^ as we suppose it did. being to this e:
TLiat we thou^jfbtMiey had only adesij^^n u
Xrr.y people, draining many t thousands ii
snsire, for their actions skewed iltle others
being so long discoursing a thing of that n\
and done so little towaixls it: few days
joember. no uiore ; .so we iimnd it was CLuried ! meeting with Ituuibey *i'^^^ he told us
00 by ilieju coutrnry to hu ktiowltHlge^ or ap
prolNition of those u ho mrinagud the general
di'.si,fii: ihcn vi e Itdurpd our t,'reat dislike of
it, u.-lli»g hint, it was a hiM-, dishonourable and
iMwsu'dlly aftion, and W(»ul«l Hcein odiouH to all
the woriil that any prt?teudinglhemstjl g* I'ro-
testanls, shim Id be ooncerned in such a blooily
action, and that we thought it was his cowardice
put him upon it, to which he siiid, that he
could not liglu^ hut would bs m forward with
his nutncy as any <»ne of hia capacity Then
we went to col.' UniiiKevT ^^ho we found to
he wholly onV^^t'K njin-Htfi, siiying, that ex-
cept something be done that way, I know no<
wore of different opiuioD* concemmg a
ihod, »nne for liesrinning tlie iusorrection
in Lfinihin and Scotland, some tor it
places at once as al first proposed other
several places in Koglaod and Scotland,
not in liOndon, saying that if it was not ht
in Lon<lon, but in other places, tlicre wou
forces raised in Loudon to send out ajg-
them, which would take out most oi
sti-ength, and that then London might be e
secured ; somcumea they were for b«*ginni
OL ly *u London andHcotlaod, and to have \m
come up tti London from all parts of Eng
to which we answered lit at wu tbouk^ht no
\teuer than ivhat was tii-sl pro|Hised, {t iai.
thnig u ill be done at all, for he knew the other
managers u(»nld i!o nothinor; so we had little beginning of it ui many places at oiicis •
discourse at that time. After thi wei^enito j fore mentioned, for ultliotigh we bad eng
FfTgnson, who to.d us how thi agf; stood ^ we | none in or alMUit IhisUd, nor should not
then found that he knew of both designs, but ! deal 'Uir it till alt things were concluded,
wos only for tlie ins iirrectkifi uod told us, that "*' *' ' ■""'*
tlie inaH:igers had been treating with some
Scotch gentlemen; that they were almost
«jf reed, uid tliat the money they were to be
%vith tlu! assistance we were
I'annton, did not doubt but to get men i
to secure it, and that we kne^v not where t
ten nieu that would come tor LoodoU} and
B) STAIE TRIAIA 9£ Ch ables II. l684.-/0r High Treason.
[26
(iftf to neote tbdr own oountry who
mMmht inUiig to ksve all and come for
Whl Bnwf SieB wd if he knew where
Ik beM of 1,000 men he would begin
iflilliK
li|Mlly,iid Mred that we might meet
' 'ihtwidiiome others and consider
m the next afternoon we met at
tfefrtone near Tem^-Bar, and
litlaTemnear, I think called the
Yflng Devil Tavern, where met eigfat
Wttn.) oelooel Rumaey, Robert West,
Imm, Mfit Wakoty Richard Good-
' AmeiiGeodenon^, Nathaniel Wade
ri( tUi was the first time I knew
Whn we were all sat, colonel Rum-
•iitbii flfiect,as near as I can re-
the wae woids ; Gentlemen, if we
I ifcni thousand men iu and about
BbAoeiia uenon of honour will ap-
IjbheU <tf them and begin the busi-
~^'efc we supposed to be the duke of
I, ivl do not well remember whether
I Ui name or not. Which pro-
1 Mr. Waile and I, that he
I the raising of 3,000 men ;
lokes it was first mentioned to us we
tfktji hsd been sure of many thousands
' ^HSB hour's warning. Then it was
ilsw 8,000 men might be raised, and
""^ do something to the purpose:
wA what methofl we had con-
li|i»fir the management of aflhirs iu
~^' I as foUoweth, and they could
s mnr way, so it was concluded
IMd the suburbs should be divided
,-^-^^JjtB, and one man ma^le choice of
jijldsmsn, who should chuse out ten in
pMia that he could trust, and each of
■HiillM out fifteen, whicli woukl moke
division, so that twenty diviKiuns
e 3,220, in order to which a map
I to be bought tlie noxt day, and
I drswn out u a particular [>aper,
^ every street and lane iif note in it,
larth. East, Souili and \\'< st bounds
kH^and to be brought the next niCfUin<jf
^Mhne nights afier ; ai tlic (irsi m»v-tin<^
iii^cei uiat noue should know of iUin
jp^tii. <oi'tbe chief managerK) till all the
MPi secured, and that these nevcn, 1 be-
^^to stay long in liondon, sliouM nieit
'"^^ I «r mree nights till all was coniidet-
" I meeting Runisey and Weat would
I aaying, there was iwithing like the
' Bcss, meanintf the taking offtlie
e* and that it mi<;ht tie e<isily done,
A to or from the lM;iy-lioiu«i', but f
any as^rae with liini iu it. No\t
ivas bought, and liroui^lit to U>jiL\
the Tt'uiple, w lioru sfjuit^ met to
and draw mit the diviHious against the
Hag. The nr;xt place *. wc met at, I
i dw C^tk-ta« em in Fle<'t'Stri*et,
inof the dtviftkoiis wcru brf>iight, all
^jIlM, and then it was cousidereil
~ 1 ha ^tributed, being we were
most strangers, and agreed that Richard Good<^
enough, who had been under-sheriff, and so
had a general acquaintance, should do it, who
was willing to undertake it, the rest of the divi-
sions to be ready against the next nieeting,which
was two or three nights after, at the Green-
dragon tavern upon Snow-hill, where when Mr,
Gnodenongh came he told us, That he had
disposed ok' some of them, and did hope it
would take effect, and that in a wedc or ten
days lie should have fixed the twenty men ; the
conskleration how things should be managed,
was deferred till thev were sure of the men,
only some mentioned their opinions how the
Tower, Whitehall, and other places might be
best surprised. The Tower was thought raijo^t
be best gained in the day time, Whitehall and
other places in the night, with many such
things "in way of discourse: Rurasey was still
upon tlie old strain of killing the king and the
duke, saying, at tbis the last meeting I wan
at, going for Bristol next morning, that it might
be done in Windsor-park, and that he would
undertake it, but not excejit every one there
present would go with him, to which not one
consented ; I replying that I was for no such
tiling, but seeing the other busmess had gone
so far, and was knowu to so many, if they
could bring it to bear iu London and other
places, I rashly said, rather than tail of Bris-
tol we will undertake it at noon day with an
hundred men ; to which Rumsey said I was a
hold fellow ; they then pnimised, when they
were sure of the men, to advise and take care
for some arms for us at Bristol, and that we
should have some great person come down to
head us ; but 1 heanl no more till the news of
the discovery came in public letters; I re-
member one time when Wade ami I wus with
Ferguson, lie told us that the duke of jMon-
mouth was brought to a low comiition, all his
iilaces beini^ taken from him, nnd liis tenants
HI Hcotlaiid (lieing so sc-\erc-Iy doult with upon
account of their n.'liQ;iou) wiis not ahle to pay
rent, so that his esuue tiiei'e, which was ac-
counted worth 10 or 12,000/. per ami. did not
yield him the hist year 2,m»/. that he was uot
well pleased with tlie maua'^ciiient of affairs, and
desired Mr. Wade toap|H)int a place where he
would nUH*t the lord lit rr^inl, and sir Thoiiuis
Armstrong, to diMX)urse them, to which Mr.
Wade replied, he would mcut none of tliem,
for such great men had betrayed the imtion al-
rpady, and ensnared too many thousands to no
pnrp«u»e.
How it was to have been acted in BiistoL
We concluded that the only way to securo
Bristol would be by a surprize, 'whieli with
lUiniit 3.iO men (150* of whieli wc depended on
i'viMw I'aunton, the other 200 to be raised in
and a}w>ut ihe city) might easily be done al>out
four o*eluck in tlie morning, as soon as the
watfdi were gone off, without the bloodshed of
oiio man, thus, dividing the city into 14 parts,
so making 13 posts brides the main guard,
which slu)uld at first have been at the Tbul/y ,
f7] STATE TRIALS^ 36 Charles II. l6Sl^^Proceeding9 against J. Hoihi
(which Is in Bristol as the Exchtnge here) we mercy, it having^ been our resolution n
supposed 20 men mi^ht be sufficient for each
post, and the remainder for the main guard,
out of ^vhich might be spared lour or six files
to be constantly marching about, and to assist
where there might be occasion. The method
we designed for the raising of 200 men in and
about the city was thus, first to find out 30 men,
two fur each post, and four for the main guard,
who might be able each of them to procure six,
and to command them, which would have
made 14 for each post, and 28 for the main
guard, to whom the Taunton men should be
added, riz. six to each post and the remainder
to the main guard, who should have come in
the day before, some at every entrance of the
city, and lodge themselves at inns and ale-
houses as near the posts they were appointed
for as they could : each man beinff to know
hb post and commanders bctbrc they came,
the Bristol men to lodge themselves and arms,
with arms for the Taunton men, in an house as
near as possible to their posts, and to send one
out irom each post between three and fi)ur
oVIock in the morning to observe the motion
of the watch, and to advise as soon as they
were gone off, that they might all immediately
repair to their respective posts, calling the
Taunton men, and as soon as they had tj^ained
their ])osts, to send out a file of musketeers to
fetch in such and such men in each of their
divisions as they should have had an account
of beibre, and convey them to the main guard,
which in the 14 divisions would have been
about sixty persons, rommission-ofiiccrs and
others ; then to fetch in all the arms and am-
munition tliey could find, which two thingx
bein{>- done (us we supfiosed might be in a little
time, and without any opposition, the posts
being so near each other, that it would nave
been impossible fi>r .iny numlxT to get to-
gether) we resolved next to declare the reasons
for our taking up arms, and to encourage all
to come in to us that we could trust, not
doubting but we should soon luive had many
thousands in the city, and out of the adjacent
4M>unties, Gloucester, Somerset and Wilts.
The Reasons why I did not come in, &c.
When the news of the discovery first came
to Bristol, and some tune before, I was in some
trouble by my creditors, and forced to abscond,
thongh tnought I had sufficient to pay them,
only desired time to get in my effects, their
mercy I feared more than your majesty's, and
thought if I should come in and find mercy
witli your majesty, I could at first expect no
better than a prison, and if from it discharged
by your majesty, to be kept in by them upon
account of my debts. Secondly, hearing there
was very many, in and about Bristol, sup-
posed to'he concerned, and I, though knowing
so much, being able to prove so little against
any man, but such against whom there was
sufficient proof without me, feared that if 1
should come in more wouM be expected from
me than I coukl prove, and wo might fiil of
cover the design to any of our friend
managers had agreed both upon time
thod, therefore considered how to n
escape, there being then a strict seat
ports thought best to continue in £n]
some time, till the heat might be ove
got an ordinary habit and a little hoi
Ws. price, and travelleil the country i
dealing in wool, in Gloucestershire,
shire, and Somersetshire, till about tL
of August, then repaired towards Bri
b^ letter, with my wife's assistance
friends thereabout fearing to act for
vailed with a poor man who had a sr
about ten tons, for 20/. reward, and
per month, for six months, to go wit
France, and from thence to the Wej
or where I would, my name being tl
proclamation or declaration, if it had
not have prevailed with the man to go
So tlie 23rd of August sailed from Kin
for Kocliell ; the 25th proving bad
cracked our mast, and so put mto St.
Cornwall, where we staid till tlie 4tl
tcmber, then put out again for Ho<
meeting with contrary winds was io
several places in France, and gainer
port till the 17th. In Rocliell, i In
with brandy and other goods, and t
October sailed from thence for the Wi
(being willing to know how my con
there, that my creditors might have tl
though f knew I might ue much
in France) and arrived at Barbadoes
of November, there 1 heard of my no
in the Gazette, therefore staid out '
landing part of my cargo, from theni
to Antigua, where 1 landed and dispo:
remain inq[ part, sta) ing there about
but it being too soon for the croii,
charge being the same, lying still
farther, also thinking it not safe t«
there, resolved to see the rest of the
Islands, and so went down to Mounser
St Christopher's, St. Kustatiaand Aug
so back again to St. Christopher's, i
that to lie the safest place, I being J
none there, where I staid about tlirt
About the 14th of January I wrot
factor in Nevis about what was due to
on receipt of my letter discovered m
sir William Sta'plcton ])resently sent
rant to St. Christopher's to apprelient
liefore it came 1 was gone down to St.
expecting to meet my vessc^l there,
had sent up to Barbadoes, and it beii
where 1 was gone, the deputy gover
Christopher's sent five men with hi
af\cr me, to %vhom on sight thereof 1 f
though had an opportunity and mi
escaped, but was rather willing to c:
at his majesty's feet for mercy, than
a life any longer, not daring to apuc
there was need of me (among my tac
I doubt will take too much advantai
trouUea for my creditors' interest. J
STATE TRIiOS. 36 Charlbs IL i6S4.^Trial rflVm. Sachevenll. [aO
t a prisooer 13 days, where I promised
un Hcapleloo tliat I would make what
cqr I could, givint^ him tlie names of
alio I had acquainted witli it in Bristol,
I fttppuse he natli ^ven au account of,
If him that it might be kept private, for
Mimown they would hare aifvice of it ;
Pti ikH kept so private as I expected, for
|ht 1 came off I was told of it, therefore
m they wens advised by a Bristol ship
me aw ay before us, by which I wrote
pofd, 1 suppiTse she might be at home
An? us, we being nine weeks and five
JUl that I can say against any of them,
.miiiani Wade who is betbre-mentiuned,
I aoquainted them with the business, as
BiiB many thousands in Kngland were,
I. fopputte they wooM have been con-
. Hereumler is an account of many
fenooA that I have hcaj-d was concerned
toign lor an insurrection, which is all
. am call to mind of any thing material
IV I heard concerning the Phit.
m he mentioned the names of se^'cml
w if your n>:ijesty is graciously plrascil
It me, ii wWl be a sutiiiient warning to
Vcvtr nit'hiiiijg in tliiugsof that nature
>$ wad I hfi(ie I shall ha\ e the opportunity
of serving your nuyesty and my country in the
promotion of that which brought me into this,
and cost me many hundred {lounds, with soma
years* pains to bring it to that perfection I did,
viz. the hnnen manufacture, whiph many ho-
nourable persons about your court have heard
of, and I can make it appear that it nili employ
near 80,000 poor peonle and 40,000 acres of
land, and bring in and save your majesty near
1200,000/ per ann.
Another thing which I think I may sen*
your miyesty in Tabroail) is this, when I left
£ngland I knew tliere was many who were in
trouble about their opinions would willingly
hare left England if tliey knew where to go,
that they might have liberty. There is a very
fine island in the West-Indies, good land ami
well watered, which, by such people, would ha
soon settled and prove a great advantage to
your majesty and successors, fur it would soon
exceed any island, except Barbadoos and Ja-
maica, it lies so nc!ir a bad neighbour, the
Spaniard Porti-ico, that except a considerabla
number go together, it will be dangerous living
there ; but if no great alteration in affairs sinoa
I left England ; with your majesty's luwe,
enough might b<> prcvnifcd with to gu and set-
tle it at once, ^^ liich will not only serve your
majesty as JK'foro, but clear the nation of somo
hundreds of disafllrtcd people.
t The Trial of William Sachevehell, and Nineteen others,
. al llie Kings-Bench, for a Riot coinmilted at Nottingham :
.• SffCHAKLisII. A.V. U)84.*
BlMendant^i having hv.Wno. pUadcd Not
lta;iicre broui^lit to their Trial un tlio 'Jnd
%. lt«4.
VfC^icit. i 'all the defendants, IVilliam
■nselL, e«q. and others.
WL FtUerft n. We ap[K!ar .
ItfCrtiu n. ' fiardez vjwtres challcniros.'
Itar Humphry Miller.
IPS—- 1 .
f All was ncie of the numrmns l:iigi(»(is
^ . which arrise mit of the attacks
Ijbf rbaflers of Corporations throiiiriiont
Which was done, ami the twelve being sworn
to try the cause, lieing (reiitl(>incn of the county
uf Rent, were tln-si» tollowing: Sir Humphry
Miller, sir Henry Hosvile, \V illiani Lambert,
Charles Wheeler, Uichard Marsh, Kdw. King,
Humphrey Stiles, Walter Hooper, James Mas •
tors, liicliard nritton, Kalpli Petty, mid Ed-
ward Ualhin-st.
and tunif.Ml to an avoueil practice of garbling
Corpnraliofis, in order tc» c*arry elections to the
parliament, aiul a Conni)iltu<; of Council was
, to which attaiivs the cniwii was appointed tt» manage the Jtt^ulations as tliev
werc calleil ; ai"d there was an itinerant creiv
of the worst of men that \trought in the towns
to he rc^ulaied under the direction of the com-
mittee. These were termed Kiyulators, and
accordin^r to their eharaclers and dt»iKnaiion-4,
mayors, aldermen, recorders, connuoii e<iuiiei!»
antf freonien, were mmliiied and esluIiliNlu.d."'
by the nuctcss oi' the (luo War
the City of London. (Sec the
in that 'Case, \i»l. U, p. U^Ji)).
I oli)v<t which originally excited
:, «rutbe |M>wer of nominal ins; Jurors,
iMof the right to appoint sheritls. (See
moid Shaftesbury's Case, vol. 8, p. 785).
^"ihave bi^en vtiry aoon percei\(f<l that
ilioii of the whole magistracy of the
I ami f4' a majority of the 1 louse of
■i might be secured by the same
Xorth (I^A- of Lord Keeper Guil-
See, also, sir John Ueresby's IMemoirs tu
which Mr. Hume (Note to p. '2tij, \ol. «i, of
his History, eililion of lMu7) reCeis, when he
admits that the transfer of the riuht uf electi'Uj
from the people to nia^n>tr:ites named hy tiu
crown, wjiS in reulitv ii«'iiiii»:;" ihiun-nt fn»m
^p. 1U4, 8vu etiit. of \^U\i) tells the king's naniini; the inembrrs ^ uiid lie iio-
'oillrada of Chart«rs ran lu excess, ' rice;; that the wauiv wct ol ;iuiltur.tv hud bc«a
SI] STATE TRIMS, 36 Craubs H. iSSi^THf/^ ITm. SukeunU,
CLofCr, Gentlemen of the Jmy, hearicen
to the Reconl :
* Sir Robert Sawyer, knt. his majesty's At-
« tome^-Gencral, ma exhibited an InformatioD
t in this court against Wm. Sacheverell, esq.
c Georq^ Gregory, esq. Richard Mansfeild,
employed in all tlie boroughs of Scotland.
Yet has the Prince of Orange been blamed for
not summoning to the Convention the members
of king James's Farliament.
In the Cases of the duo Warranto againrt
the City of London, already referred to, and
that of Pilldngton and others (toI. 9, p. 187),
and in the Notes to those Cases, are mentioncNl
many particulars of the distractions which pre-
Tailed m the metronoln. (See, too, as to South-
wark, the Case or Slingsby Bethel, vol. 8, p.
747).
The following Extracts from Narcissus Lnt*
treira '' Brief Historical Relation," MS. in the
library of All-Souls' collei^e, Oxford, throw
farther light on the proceedings i^nst Cor-
|)onitions in genctral, and tlie distractions of
the city of London in particular :
" Nov. 1683. Some days since, a person
unknown, came to the house of Mr. John Du-
bois, who stands in competition to be one of
the sheriffs of London, and left there a packet
for him, wherein were inclosed sereral treason-
able and seditious libels; a while after, tlie
same fellow came again and brought another
packet, and then he was served and carried
before the lord mayor, who, on proof, com-
mitted him to the Counter ; about two or tlirce
days atlcr, he was admitted to bail, himself in
'20bL and his bail in 100/. each ; two or three
days after, the sessions coming on, a bill >vas
found against him, and he and his bail being
called for, neither of them are since to be heara
6f : this is looked upon by some as a hanpy de-
liverance to Mr. Dubois, for undoubtedly had
the pa))ers lieen lodged there, Mr. Dubois
should quickly have been searched for the
same, and it would have been construed to be
a new desiirii a«^nst the government, for the
|»apcrs contained matters of dangerous im-
portance, some were libels against the king
anil others, and thiro was, wa is said, a paficr
of advice to Mr. Dubois, as sheriff, to ruiic ihc
potte comiiatut to meet an uruiy t>j liat c conic
out of, tScc. to op|KMe a aibitrafy jKiwcr. The
Dissentert bate been prosecuted lately iiioi-e
violently than ever; for now the cinii-clr-
wardens of most parishes ha^ c prcscutint them
to the ecclesiastical courts, whu have pro(H;< Jed
against them even to excomnmnic.il ion, w Ihio-
by several hundreds in London linvr i>pt:!i slmiI
to the De\il; but this is made use uf only n^s
an engine to serve a turn, which is, iSt. Th'inius^
day approaehing, \« hereon the conimou cunncil
men tor the city of London are choscu ; this,
as is said, is to incapacitate Dissenters to i ote
for any one, whereby if the Tory -party can
procure such a oonimon council as is tit for
' esq. Henry Plomptree, esq. Cbarlei Hm
' son, esq. John Greaves, gent Wm. Gf«
' cent. Samud Richards, Rob. Green, Fi
<Sahnon, Arthur Rkhards, Ralph Be
< John Sherwm, William Wilson, dark
< muel Smith, Thomas Tkigg, Rkhwd 8
their turn, havins the mayor and mmM
of the court of al&rmen for them abetdy,
intend to surrender the Chatter of the e
London.
** Sir Geom Waterman, aldermaii c
Bridge-ward, being some time sinee dem
lord mavor gave out summons Ibr the c
of an aMerman in his stead. The compi
on one side were de|mty Danidl and snr
Russel, OB the other Mr. Fapitkm and
Shute ; but the majority bemg mathr fi
twn last, the lord mayor was pleaaed^ ii
midst thereof, to adjourn the polL
" Mr. Pilkington, aklerman of the wa
Farringdon, having laid down his g^own
lord mayor was pleased to issue out his pi
for a new election of an alderman of that i
the com]fetitors were the lord mayor an
W^^illiani Turner, on part of tlic aldenm
one side, and sir John Lawrence and •■
bert Clayton, on the part of the aldenm
the other side. In behalf of tlie comm
on one side, were Mr. North and Mr. ]
tlie two sheriffs ; on the other side, wen
Dubois and Mr. Hawkins, a sciiveBer;
choice bctngf doubtful, they came to a poll
there was ki\ or eight commissioners appoi
to inspect the same, w ho would admit no
to poll tliat was excommunicated, or that i
not take the oaths of allegiance and snprei
which were tendered to them ; a thing i
wondered at by some, as new and withoo
precedent in such cashes ; how the choice
fall is yet uncertain, though most thiid
Tory partv will carry it, haxiiig by thv
device cvcluded all the Uuakers^ who wi
swear at all, and several of the most mod
persons will not poll at all, as not iikuig
impositions.
'' The election for the alderman of the
of Farringdon ^Vithout being over, and
North, one of the sluTiffs of London, bein
turned to the court ot'uldenucn, as duly ch
and sworn aei'ttnlinglv, these ihiiiffs ar
inarkablc in ihc in:ui:i<;fmiont of tnc a
the fKiths or;<llr:rianL-r and supremacy im]
on every \otcr; x\\\\ (<nmm*ssioneiv tlurt
derud tlicnn ntitorionNly kinnvn to be vi
persons for tho Tory party : then the m
days adjouniniciit aii<l delaying of tlie
antl kcepiro' the iioll-lKioks oi»on, wherd
fir>t tlicTui'ie.i UimVui;; the Whigs had i
tiie niuiorit}', tin y delayed the iniH to sec
uukuuwn |M'i*sonK to balance tlic |miII, wh
there wut*? sttcFal of the iiihahila.its of W
iryeni, jiliMruits of (/liil'orJVs-inu, who i
used to \ jte, and divers who li\ e not ii
wanl, nor pay to rhun!h aii'J |Hior : the 1
party finding' tilings thn-; nnnngrd, .sevei
theui vmwX and |M;liii«ii>id the lord mayo
n oHMMff. JoMb TurpiDt
I, Ifjioipliivy BArkrr, aod
that wUereastlkr *29ili dn)'
tbe d4Ui y«ftr of the kini<,
Jiflmatily m N<4t]iigHmiii« in th^
I mid lo^m^ duly fumnioiied and
■Mt Mbre G«rr«8 Wild, then
€ Hkm Ml l»wii, fm liie elt^ctin^r and
uC m owTor of Ibat Unrii, foi- tlie
tifOtm office of mayor of that tmra
«r Ibiii wsxi folU»wiiif , according
Bi ittd tCBor of tfertaw ieitcfB patent
^poUi
STATE T&ULS^ 36 Ckahles II. \6U,^end oiher$Jor a Rht. [S*
*■ in that behalf before i^Tantad^ by uur s/jvere]|^ti'
^ lord the kin§f that now is, ttato ihe mayor,-
* aHernjen^ atid burjfesses of the t«wii of Not-
* tiugliAjn, in the county of th^ said town \ aad
* that in that Assembly'the said 0«rfat»» bein^
*• tlieo, ai aforesaldf mayor of the said town,
* began to proceed to such eiectiun ; uod that-
* then and there the said mayor innde, and
* caused to be made, a pufoUc pniclamaTion for
* the departure of all persons from that election'
* that were imconcerned thereio, and for keep-
' iug tbe hang's fieace ; and that nevertheless,
** May« 1685. About this ttme^ persons
were Tery busy in elections of uitfuibersi of the.
House of CommoDS to serve in the eusuiog.
l>arUament; ^reat tricbi and prarticea were
used to bmuc in men wcU-affected to the king,
and to keep out all those they call Whiu"^ or.
Trimmers. At some places as Bfdfuni, &e*
they eboae at night, giving uo noii«?e of it; in.
other horouffhs, as Sl Alban's, tbev have now.
regulated fit? elet-tors by new cltarters, ia'
puitinir the election into a selected number,,
wht-n It was before by prescri;<tion in the iu-.
habitants at large. In counties, they ad"
jourtied die poll fmm one place to another to
weary the fieeholderSf retusiiig also to take
the votes of excommunicated persons, and-
oilier disaenters ; noblemeo busying theniselrea
H'ith elections, getting the writs and precepts
into ttietr hands, and managing them as they*
pleased; King commanding some to stand} and
ibrbidding oiliers, polLItig many of his servants
at Westminster to carry an cmtion ; foul re-
turns made in many places, and where gen-
tlemen stooil that they called Whigs, they.
offered tbem all the trick and affronts ima • >
ginable.
** June, 1687. The Lord Chancellor dined
lately in tlie cit}', and waa pleased to discharge
three aldermen on their own desire, sir Thomas
Griffith, Kir Bt^^njamin Newlaud, and Mr. Peter
Pallavicin, and he told them his majesty liad
given the city the privilege to choose their
sheriffs as formerly, and that the lord mayor
might drink to one as £$hmif, free or untrce
of the city, ai^ that he should either dneoc.
hold.
** June 17- The lofd mayor and aldermen.
hare lieen at Wintkor to thank, his msjetity for
his grace and favour to tbem, in permitting
them to choose their sherifls.
*♦ July 12* The city of London hare're-
ccived lately above 8,5Q0^. for fines for sheriffs
and aldermen."
Bprat (In bis Second Letter of Excose to the
Earl of Dorset edit 1711, Bra pp. 16, 17, at
cited in the Bi(^rapbii, article Sprat) seys^ as
1 uti'lei-stand him, for his languag*' ^ not so
iiu equivocal as might be, ** that under king
James a Quo Warranto **as actuallv issued
Mtt a^ain**t the Ro^nl Church and Slchoot of
tVeiitnunster/* St-e <ionie arcountvf ><ptiit in
the introduction to the Trutls for tbe Hye-
R<»tts# Plot, ToL 9^ p. 30S, of this Collection,
ibr m scmtiiiy of the poU ;
M limned llmpli h«tdhr sver koowti
b^ ibese ^racskes >ir. North had the
balK be«D pleased (o make an
a;{mtDit mcTchautji' spiriting
ttSTky yoting children, and dt-
i«w to proceed fur the future in
tf tbcy send beyond sea.
for an sddflrman of Bridge*
i^ room of sir Oeorge Waterman,
isai last, afW several adjourn meiiLs,
'luu r It was by most persons
ee irould ikll on Papdlon or
exflommunioations and call-
who Itad nw rig^ht, the choice
d^tjf ^ Daniel 1 1 by seven per-
j^ otliera say« notwithstanding
pro«^€3diag», the two first had
2U if howefer, DanieJl is aider -
dr tbat Wiu-d.
Tbofiuts Huot^ a gmtleman
titr writ a jpamplilet intitled,
t Charter of the City of Lon
; Ibit neitlter tlie charter of
or of any other corpora -
* by law, wiierein are sercral
bis been censured as a libel,
bath preferred an tnfor-
Itbe persons mat surrendered the
town of Nottingham, but Mr<
1 would not at l&rst allow it
SatS* TliaCorporatiotiofthectty of
lAviogp scsite Lime Hince vurremlereil
mr^ Ave, as n said, Utely petitioned
ay io Ittf • it igatn.
10^4. The NcKluigbam Rioters
of ILiog's-bench to reeeive
Wm* ^chevertll was fined
•. GrtfOT)^ 3(X) i Mr. Hutchln-
iLtf ml according to the va-
aiid thai alt of them fmd
behaviour ft»r a twelve*
Tba mayor, sldemien and
oflhedt; of l>urlMim, bsvt-
r 0)«rlrr into the bands oi f he
who has menrcd to htm-
ia tbat 8ee, the power
aflniiing the maTor. re-
oonunoa osmuai m the
S5] STATE TRIALS, 36 Chahlks II. 1684.— TnVi/ of IVm. Sachevereli,
* tlipy iW said Wniiam Rache^'crell. and xht I
* real oi the dWundant*, hfini; persons well
* kinwiuf: the premiios, and imtcncerned in
* that election, but being ill-disposed persons, !
* and to disqniet, moleAt, and trouble the peace
* of our lord the kinjf that now is, antl the
•common tranquillity' oF that town, end the
* aforesaid election wfiolly to hinder, (!id during
* the UiDe of the said Assembly, and after puh-
* Ho prorlamatiou niaile as atoif said, viz. the
' said 39lh day of September, in the n foresaid
' 34U1 year of" this king^, at the aforesaid town
* of Noi'ingliam, in tlieoouny of the said town,
' with force and aims, &f\ riotously, routously,
'unlawfully, and stdiiior.sly, toj^cthor with
* noany other ill- disputed ]>cvsons, and dis-
* turbei-s of the peace of our saitl lord the kinjf,
* to the nunnbifr of 500 persons, to the said
* attorney -^enf-r a I as yet unknown, assemble,
* congrcg'iiie, and unite themselves tn^jether,
* and tljemsdves to(>pether continued, to disturb
* the peace of our lord the king that now Is ;
* and that then and thuv the said William
' Sachrveroll, and the other defendants, the
* aforesaid unlawful and ill disposed persons so
* assembUd, conjjreg^atefl and united then and
'there, with force a!;d arms, Sec. liotously,
* routously, unlawfully, tuinulluouslv, and se-
* ditiously* by t he ^nnce of 7 hours, to disturb the
* peace of our said lord the kin;^, and lo continue
* tlie said riot, did excite, move, persuade, and
* |)rocure, and then and there, oy the whole
* time aforesaid, made, and caused, and excited
* to be made, great rumoui^;, clamours, terrible
* shouts, and unusual noises ; and then and
* there, with force and arms, iScc. riotously,
* routmisly, unla\\ fully, and s>edi(ious]y oue
* mace, btuiji the cnsiu^n ofoflice to thesherifls ;
* of the cduiily aforesaid beloii;»inij, froiu one "
* John ]\I.din.'lhe said Juliu Mulin beinq* ihcu ■
* one of the slienris of the town and louiity of j
* the t!>-.vn or\oUiii!,'lKun, at^iiinst the wili uf |
* the alljn s!ii-l John Malin, took, hud, canie^l .
' awav, ami (ii.-liiiiie.K to the inci'iii<; of ijn::it
* dan(r«.T, and niOviiiL<f of tntuiilts, anti cHusiun
'of much blond, to tlio jrn-ai Ifrror, discpm't,
* and fear of all the Ywi^v sidi-ti is ifoursaiil
* lonl the kin'^-. to the »;vil i.'xaiiipk>i'f all oiher^ i
* ill like case oHfiidiiii;, and ii^aitisi itif \nacv
' of our sail! lord the kini;, liml uow is, Li:^
' crown and dijrnity.* To this IiiJonoalion all |
the DefviifLmis lint Kicl.ard M.in.^uild aii«l ;
IKiiry I'iuiiipnv, have pl.'.ulcd Not (iuilty,
and i'ur lv\[\\ pul lih-mselves on the roiir<:/v.
lint tin* ililind.'i.Us huvv ulu-^jed llKit t'v.v in- .
hii!):iants of tiic ni^vii :ind ntuntv of ihi- U \m\ '■
of Notti(i>'haiii ou^ hi not to lie drauii «>(ii of J
the s.iid count V, smd thai the e«uuit\ of K( i:i j
is ilii.- uc-xt C'Muiiv tir lb: '.-ouu.y 'd' tiiL- t«r.ui of ;
^i(»ltin;^li:llll, and thrretuiv h.iu* pray.il tlia: :i j
jury ol ill;- county of Kmh^ u\h^\i\ trvt'se i-.-ne; I
to whiili ih«- kiu'^'s iUi'»iiivv has iiw;r(«*d ; :i:ji|
you Imjujt fri'i holiter.% of liil- rouniy cl' Kiiit, j
and reiurn* il, ami sworn l«) tr^ ihisi au.^t.*. ;,-^»ur '
cliurif^ is ».» i-.>(piire «hit!ior llu* dtfenUunis, '
or any of tin in, are (juiltv of llu" ufleme in
this iti formation, or ^lot Guiltv, uud if you iitnl
them, or any of them ijuilty, you are
so ; and if you find them, or any of thei
ffuihy, you are to say s«> ; atid hear yoii
dcnce.
Then ProclamatiuTi was made for evi
in the usual uKuinir.
Mr. HolloiL'ct/, !May it please your
ship, aiiil you fienllemen of the Jury, 1
an Infoniifltion pr«.f?rrwl by Mr. Attorne
neral. ccfftiust \Vil!i:iin %Sacheverell and g
for a m«ist jiotoriou? riot : and it sets forti
up'in the 23.h of September, in the 34il
of this king, at the town oi' Nottiogfham,
was ai! assembly duly summoned beliire C
Wild, then mu\or of the said town, fi
election and swearing <jf a new mayor <
said town for the year ensuing- : that the 1
bccran to proceed 10 election, and made p
mation for all person > to de[)art that we
concerned in tne election, that the defet
beinfi^ no way concerned in the electio
being ill disposed persons, to disturb the
ot th»t place, and set the town together I
cars, did in a riotous manner assemble
selves with many other ill- disposed perw
the number of 500, and continued in th(
for the space of seven hourb', with a grei
of noise and tumult, and with force anc
did riotously carry au*ay and detain a
from one Jolin Malin, then one of the s!
of the town, against his will, to the great
of his majesty's subjects, and to the evil t
pie ot all others in the like case offending
against the king's ueaue. If we prove
any of thrac defetiuauts who have pleadc
Ciuilty, to be Guilty, you will find them
Mv. Recorder (sir 'f iiomas Jenner). J
please your Lordship, and you Gentlen
the Jury', I am of counsel in this cause 1
kinir: This i> an Inforuia'ion against a
oi 21 persons for being in a notorious rio
continuing in it for two days together.
]deuse }ou, Mr. Saclieverell he is in the
of them, and ho and seven more of the
fe:iduiits, very eoiiiiiilerable persons, we
at alt coiiceriicd either b\ any obi char
bv the new charier in this election, but
stiaiigei-s, and \ et they must needs coi
purpose to inflame and set on the othc
>ha[l iiuine iheiii th.it were not concer
tin: election, William Sacheverell, Geoiv
gorv, i'liarlis Hutchinson, William V
cNiik, Jost-di Turpiii, Nathaniel Ch
s iit;ut \'.Yi\ liarker, and Joseph Astlin.
p. ooiis. ^L>!itlf-i!ien, had no manner of pv
to be :\t thi^ phee upon the account of ai
tion Tin; iiiartrr of it \ta.s thus : Michai
div, 1<}V.*, ilie mayor that then was, I
U'lid. \^as at hisov. 11 house, with some
l-nthriM, ill order to go to church that
i:ig. a-.'fonliug to the usual custom o
place, aL tlw- tl.iy ofcb-ction ; but having
lit;.: th« If \\..i :• charter coming dowi
e\pi-4ird cviry moment, truly the othc
Mr. Saclit Acrell, and the re»t that were
for he was prttscut liiui«elf, were very 1
STATE TRIALS, S6 Charles II. l684.— Mff othen.Jor a Riot.
tS8
D church very early, but I bciieTC not so
Mit of x«ral t<» ifo to cliurcli, but more to
lo a spce«ly electinn, it* possible, before
*w charter come Jovi-n. The mayor at
me time dcsirotl tUein to stay a tittle, but
■ot prevail, and tbereupun they (((» to
b,aiid while thpy were there, tlie new
r comes, and then ihe mayor bavins^ ifot
rv charier, i;«n!8 into the council- hull,
tads Ibr the Inioks from the clerk, who
heo io the church, and be came and
b( them. When tiiey came to the
il-baJI, the mayor was proceeding in
!• have hiniselt' sworn u^mn this new
r, and they having ^onte notice what
mo^ aft the council- hull, were willin*^ to
all the haste they c«mld out of the
ht and came down to the council- hall:
ihen they came there, the mayor tells
hm buitioestf, that he hud a new charter,
fm ^oing' to be Kworn according to the
i cspreas comniission ; and SHcheverell
(■p in the front of tbem, and sayt, We
bic BO new charter ; we will have no
■■vor as you would have ; but we will
alSraaTes mayor, and that was the out-
A Gcaaves ma vor, a Greaves mayor ; to
inw, that all the mayor and sheriffs
Laii couKi not pacify them. But thus
■ids a tumult and an uproar, by the help
pnM, Wilson, who 1 believe will give
■MHby and by, what he had to da there,
|0V As VM concerned in the election of a
tf» M fea^^h the mayor wan tbrccd to
pfKgMd did ifo down out of the council-
ribb iMstbe common-hall, where he got
Vrifaswo; and by that time he had i>ot
KJhi^ Ifcey came out of the council-ch^MU-
■It ahe common -hall, and acquaint the
■; that truly they had chosen Greaves
m m the council -Vhamber, and required
liflvcar him. Mr. Mayor said, they had
in is do to choose a niayor, it was nu
hi^ and thev would pruceeil to I'lec-tion
limg to the charter, he having now taken
tfh. This Tuisetl the tumuli highor, and
Jktn were i^A togellier about 500 per*
,m that at last some of the aldermen that
M ibo ouiyor, were fain to wiihdi aw fur
^■ischief, the tumult was so outrageous,
laijinK out the new charter was noi worth
pHBt others crying out, No new charter !
il erymg, A Greaves ! a (ireaves ! and
^•y stood upfiu. Tiie mayor witiidrew
paVB house, uithmuchaJo he got out
pWi» and when he was got thither, there
pJMsds to an ele«:iiou, and h bile lie wun
IJ^M, truly they having gotten sine of the
■away by ffirce, tlivy went to the crosN,
MR they procluinie^l their mayor, with
Mfcaoiaon and outcries, rejoicing lur the
■r they had gott'^n, and the new
■ they have defeated. While the}
li^ the* mayor having chosen another
riallie new charter, regularly caiiie
ipiWliinird that mayor at the market
>li wmak ID wch cases, and made pro-
clamation that the rest sbonld depart ; Imt in-
stead of that they witlistood him, and would
not suffer the cryer to make proclamation, that
any body could hear him; hut a great riul
they committed iu an outrageous manner, i-e-
sistmg authority, defying it, and despising it.
After this, this woiihrnot satisfy them yet, bn;
the ne2rt day, l>cing market-ady, they must
proclaim their mayor again, which is a prac-
tice never known upon any election ; hut at
the open market them l)efore ail the people
they proclaim him, with great rejoicing for
the new mayor they had gotten, and wishing
the people to stand by tiiem : and for their
part&, if they had not right d(»nc them now,
they did not cloubt but to meet with a parlia-
ment that should do them right. In this great
disorder was this town by this tumult, which
was thus headed by persons of eminency, and
popular (lersnns, who helping to carry on such
a taction as this was, it was great odds there
had not been real fighting, and battle in good
earnest; but it did happen to be better ap-
peased, and they went home, but ever since
their whole business has been to uphold this
power, and attend him up and doun constantly
since as as their mayor, and opposing the au-
thority of the mayor by the king's new charter.
We will call our evidence, my lord, and they
will every one of them s|»eak to the several de-
fendants, and the several ;)arts of this famous
riot ; and when we have done this, we hope
you will be satisfieil, gentlemen, to find them
guilty.
Mr. North. Will your lordship please to
spara me a word of the same side for the king ?
My lord, this is a proceeding of an extraordi-
nary nature, and if ui»t taken notice of, it will
be thought there is no law in £uglaiid ; for it
is a metho<l to have authorities qu<\stiMnefl, not
in Wcstmiiister-haU by the ruli:s of law and
justice, hut decided by noiric and rabide, and
gfiing together by the ears. My lord, this
surrender of the old charter, and liie sending
down of a new one, whs not secrrt. but well
known, and that occasioned the irreat cor.grc-
gation of tliese geiitleuuMi that had nothing to
do in the town, and no it was a [in-mcdiiateil
design to give a disturbance in the place, in
opposition anil alfn)nt to his maiesly's charter.
My lord, 1 d«» suppovw th.-y v»'iy w«.-ll knew
that matters of that nanu-e vere prop<-rly de-
tiTmiuahle ill a i\ay of law; and it the iiia>or
hail no authority by the new ehuilei' t«»* do
what he ili I, they kuew \ery well how to (pies-
tion him, and iIk-iii that jouird wiih liini. lor
il : but they did not think that so ctfi'ctual fur
their purpose ; thpy did not think til to take
that coursf, hut ruilivi- chose to pnuM-eil in the
methods of distiirbimcc, and that occ.i>iioi:ed all
that Mr. Nerj(*ant has o|»eiicd. Tlic lirsi step
they made, my lord, wasto :i|»jica.in tln'to\*n-
hall, there to make an rU'riinii of their ov\n,
and there to oiy up a mayor of their o\»n
choosing, \^ithout the authont\ of thf pic^-iit
mayor; which u as all n-rcirular from the be-
giiuiiiig to the cud, W hctt tlicy had dune that,
39] STAT£ trials; 36 OaAELBft II. i684.->TnVo/ Wm. SMcheverett, [40
then this mayor must be proclaimed up aiul
down IhetowQ upon market-da^a, when the
country c&me in, with great noise and great
rabble. We shall call those that were present,
nor can be |faralleled by any thing, unless by
tliat not lur i.tf .be common-hall, at London.
Mr. Jones. M\ lord, if the persons that bad
been concerned in election (for the town of
Nottini(iiam coosists of particular ficraons that
are to ooiiie aud act in this- matter of the elec
tion of the ma^or) had licen the only persons
that were met in this assembly, pos'ibly it
might have had some sort of mitigaiioo aud
excuse ; but. my lord, here are mere foreigiierfi,
people that liaire nothing to do in the mattei
nor in the corporation, bot gentlemen that
come out of the country with an armed mnlti
tode, and for them to come where they had
nothing to do, and makt such a riot, in such
an outrageous tomoltnons manner^ is the next
act I know to the highest rebellwn. For they
knew ?ery well what the matter was, by the
ones of A Greaves! a Greaves! NoTopiady!
no Toplady ! No new Charter! and you see
who were the abettors. In truth, the insur-
rection spread so far, that if the duke of New-
castle, who is lord lieutenant of the county,
had not cove with force, they had gone down-
right to Mows, and been all in bkiod. And if
wmdk proceedings be not pohlidy minished,
the king's authority, and the peace or corpora-
tiona can nerer be preaerred. We shall call
our witnesses to prove it ; 8acheverell was the
captain of them, and we shall begin with him.
Mr. Puwii. My lord, we shall make it short,
lor we shall shew without meddling with the
old charter or the new charter, it was a riot.
lUeofder. Swear Mr. WiM, Mr. Edge, and
Mr.HaU. ^
Mr. Foilexfen. ITiere will be one thing ne-
cesnry to be settled in this case, my lord, con-
cerning the witnesses; they call Wild and
other persons, they are members of the new
corporation, and we object against them as be-
ing witnesses in this case, and our objection,
my lord, arises thus: It will appear in this
case, that there is a controversy betwixt the old
chartor and corporation, and this, that the in-
formation is brought upon the new corporation,
whether the old corporation be still in beinf ,
or was at this time in being; and whether this
new chartrr be a good charier in law : the mat-
ter depends both in this court and in cbanceiy ;
a Scire Facias is tliere brooght against the new
charter, sod a Qua Warranto here against the
old. Now, uiy loni, it will so tall out, that if
80 be the new charter, upon which this infor-
mation is founilnl, be not good in law, we
think it got a with the defendants. So now
they call the nieoibevs that claim under the
new corporation to be witnesses, and thereby
they would have a privilege by their own testi-
mony, to maintain their interest in the new
charter, which wc thbk by law they oaghl
BOttOOD.
£. C. /. (sir George Jefferies). Look yoa,
Mr. Pollcxfen, though it is not fit for ns to
interrupt gentlemen when they are making
harangues, yet we must tell you, we do not
take notice much one way or otlier of the dif-
ference lictweun the old charter and the new,
for our business is to mind that which h be« .;
fore us upon the information, and we must srt
by all tilings that are not before us, and nil
take notice of them one way or ot her. Do yew
think we intend to try the new charter or tk«
old charter upon an information for a riot? ^ff
iu case there were a douot whether the old oM
l>e gone or still in Iteing, take the pntper w^
fur the dfctermiuing thosie tbini^N. Vou shJl
not think to be let in u|ion the biislneMi nt tt
riot, to try ihe vsiidity of } our charter ; if yM
have a Scire Facias to refieal the new clia.t8K •
or if you have a Quo Warranto a^raiust the dm*
charter, in God's name go on in a regular wn^;^
liut do ^ou tell mc Uiat supposing I he tM**^-.
clkarter i» an ill charter, and the okt one a |
f »nt>, thai right or wrong is to be tried by i
and noise P No, the busroess we are to tiyl
wlietber here were a riot committed by t'
defendants against the public peace or uo.
Mr, Hoit. My lord, we are upon the i
of exoeptkiQ to the witnesses; and they op«i'
it theoudves that there u such a <
in the town.
L. C. J. We will not try that
here at this time.
Mr. Ho!t. My lord, the in
cial, it is grounded upon the new ebaitir, and
sets forth that this Wild being mayor by vlrlM
of this new chartei^^^ -."V
L. C. J. He was mayor defaeto^ and I ml^
not know but he was so dejure. But sinipiii
a man do take upon himself to be mayar, wmt
it may be according tci the rules of nw lit W
not mayor, the way to know whether b» '%|'
mayor or no by law, m to take the bmI'
and proceedings that the law has appoin
but not bv tumults and rioto, we n
none of tnoee things to decide oonti
there must be noUiing of plucking out '\
another's throats.
Just. WUkint, Pray, Mr. Hoh, if the UlM
sends down a charter to make a oorponMll
shall all the people rise in a body ■cwml Mi
No, satisfy youraelf for that; if the lung awM
down his charter, the people shall not fly m itt
face of them that bring it. It is not oobm W
that yet, nor I hope never ahall. t
L. C. J. No, no, for the matter of righti ipi
are not upon this information lo detwrmUt
whether the old charter lie in being, or thenilF
one be in being ; but for that you mnst go aiil
cording to the rules of law, and take yoni
gular course ; and I will tell you by the i
It is not he that has the most company, tM|
afi Vmm
has always the greatest ri^it: we
Et riylit: we all kae9
very well, and I nave been m a place that Ml
been hinted at the bar, aod there indeed he A^
had most noise, had always most right, as tkMi
thought ; but we will have none of iImI
thingi, goon fbr your right ioangolarin^
mc Mic0i».
STATE TRIALS, SSCtiAtLEs II. leM.-^and othen.for a Rtot
No New Chnrtrr! Theo spoke Btr. Sflche-
?4<rcl)t Sir, says be, thi4 iM not oar tiitsinesi
berc now, we coiuo here ftir the dt:'<*ti«m of «
tnnypr by the old charter. Sir, saiil I, ( kao\v '
rtol Hiiy business v^Ju have here, nor a great
many ^e^tU;men tfiat ore here ; ir iruuM better
become you to be iu nriolher place. Kir, snyil
ije, will V"^ prot:€e<i to eltrclioii or no i* Sir, '
sitys I, I have a great deni mvre to do beibre I
can prncced to efcction ; 1 yims to l*c swora
myself, and to swear Itair-A- dozen » before I
could prficeed to election, in the room of tbo^e
that weru turiUMl out, to make tbein capable of
etecting-. And so they cTJed, No New Charter!
No New Charter ! A Grearc?! mny*>r * A
Greavea i]iay4irl Then they cried* M*\ Alder-
noaii Edge,* take your book, ftud proceed ta
election. Who ore you for, Mr* JVJuyor.* Mai J
I, yoa cannot proceed to tiny election without
my ton^itt, and I disclaim it ; and so, gentle-
tiemen, farcTicll. My lord, that wait in tb«
Council-boojte aext to the Guildhall.
L C\ J, What day was that ?
WUd ll was Frktay^&Iichaelmiis-day, 16821
I. C. /. Well, ffo' on.
Wild, So^ my lord, I adjourned the court
into the Guildhall, which waa a rooru adjuiaing
to that where this matter happened, and ue sat
a while upon the bench, and made a JitLla
speech to tlie burgesses of the town, and told '
Cbf m the king^ had panted a new charter, and
if they pleased to t>c «ilent, they sljould bear if
read. This was after I wag sworn ; for as soon
a» I *^me there, tbey gave me my oatb^ cmd
Rwore me mayor by the new charter. We
commanded silence there aeveral times, but
the burtreases were very tumultuous and it
was occasioned, as I belie re, my lord, by the
comiiij; in of two getitlemen, Mr. Gregfory and
Mr. Hutch iosoOt who came to tsril me, the g«n»
tlemen in the other room had elected Mr,
Greafes mayor, and desired me to come and
hear him sworn. Said I, they cannot elect
without my consent, and I disclaim jt, I will
bare nothing to do tn the btisiness. With that
tl)e Inirgenea begmn to be lo extraordinary tn-
multumit and outrAgeons, and keep such a
noise and a stir, that we were airaid tbey would
have uliickeil us off the beocb i insomuch, as
one that wis by, my brother Parker, whis)tered
me in the ear, says he, will you stay here to
l>e knocked on the head ? I told bim, I hoped
there was no danger ot tt^t. We commanded
*tileijce a^n and aifaiu, fur the rcadmg of the
new charter ; and there was an honest gentle-
man in court, one Mr. Bawd, a barrister at
law, that took it and read it very distinctly to
the buixesseB and the Cf*m^>any, as far as they
would gi?e him leare. I made proclumatton
fbr sileDce, and keeping the [>eacL* divers times,
and for all, that had no business there, to de-
part ; but they were §0 outrageous, tliat alder-
man Parker went away ; he was afraid of his
life, as he told me. 1 staid 60rac little time
ailer alderctiaii Parkt-r went away *, but tin ding
tliare wis nothing to be done for the doik*, I
a^jottroed the court to my aim btmie, and did
4i*» mam i sre ibuA ktcp lo ^e bii^olness
iMiHiieHoc.
. ^Mtj^km, My brd, we ere in a place
vtov Wir h0ftt such lldtigs will not be,
9M:mA»emnf io lm%r right iwtled by taw.
Mmmdzr £i««rar Mr. Wild. [Which wa^
ian^j IVay giire my lord and lUe jury an
ivltfl bapfiMiid at Nottiiigbam upon
'my« imt. TcU the whole mat-
Tdd. My Ifwd, and \ ou gentfemen of the
I was then mayor whrn thi<i business
«li«ii tbc single new charter came
mti «4 It cdun^ to my liandg, [ went
tttCfaeie^i ' :1h kinif to be sworn
} might be capalile
Lueir ruoins that were
' nme tiiere, I desired al-
ftlBift l^rU.; .»^ lUppon 10 gn for alderman
Hit, mhm m^m st tlie elMircb, that we mi^ht
%ap«i« p^^nlaHs. he beinj town -clerk, who
eSttc^erd lb i ; but in
mm \a6m tiois ^... ..-;'.^ .-.,.ir, with a
fpm ^Mft' fisJHiua With bim, as Mr. Sache-
•>vi^ wk » f»««l many mkmm that had no
FtmyBuoeitiiiaDyef them as
_WM Mr. Haai«Ttren, Mr. Hutchinson,
Mr. G«D, GrMMfy^ Mr* Green,
db^ Tb»inas PMyiie.
Paliu/t. He m not oiStied here.
r4^. Urn QOt dittwft binv |iray Itt hjm
We ^nhr teke notice he
m ootibwii in the infor*
CiMMCyottke^Miteiiled, what if
M mm mm^ astiefii that •!« not there, what
^ TlM9t««tviieyenl oUierm, but these
flit Mooff la the town, nor had
e g a^meiif ibisin were no bur-
' llMt WW WiyjKJ had no
Wf mm sees ta these gentlemen
, I leas a little anjazed to set!
I took the kingV new
^tt« r«c df Ihe bMc, and alderman Rippon
«« a b;^ m^ aide and I by the other. Gen-
ial^ saM I^ bave ia the Icing's new charter,
i^db W kaa hmm plsaaeil to srant to the town
dlfllqgtem ; aod, said I, Mr. ^(erjea^t Big-
W. wiftywo Ik plcaaed to cast your eye upon
^ mimtimfy iImt raitlemeu whether it be a
~^ Avttr, mad wim. are t!»e cnoteuts of it ?
\ ngpi W, 49 warn ask my opinton &a recoi-der,
aaaair Says I, 1 »«k your opiuion as
'l^iea and h'- f ^-ll not ^ve you
Ttianaai ' llerman Edge,
; Q|«»ii U, '■>■ ^' ' ytjtn opinion,
imje m r^smtk It as town-derk, Btr,
I tamw what 1 was by the old
lag t da oat knamt irbat I am by the
l«il isynor datvaa to do. No,
( w41 not; an. myWtl, Httd geivtle-
I the jimrj. Ilia rwA 'of the jieonle that
lteiaa», oM o«l. No New Charia *
43] STATE TRIALS. 3ii Charles II, i684^7Hd/ qf JVnu 5tfc»fwre//,
\ the rest of the basinets iLere, electing' and
tweariiif^ the loajor and utber ttfBcers. My
lord, piicscntly after I wbm come lo my ovi'o
buusot ntmes Mr, Cbarles Hutciiiiifio», Mr.
Geori^c tjje^ory, Mr. Samuel Ricbai-dt^^ aud
Mr. VLiliur Hh cards j aud tlii^y catne vtry im-
udeoily add naucdy to deiuiiud tb» mace.
thvy sai i ih»*y were sent to demand ttie muce.
^ 8&id If 1 tliii^k you Lave nothing; to do mth it.
L.C J, Were they c<^Qcet'ited in the elec*
[jki>\k liy tlie o\A cbafterf
Wild* No, my lord, they were not by the
ifiild Qor new, Dur noDe ai all* Siiid they, wili
you (ilea^ie lo g-ive ub your answer, whether
jfou will j^ive us tiie vosx:^ or dm ? Said 1, 1 re-
crivad il from a very good authority i 1 re-
Beit i:d it bv the king V authority , t^ud to the
kuktr's vutKority 1 will g'lve u a^aia. Said
[tilht'y, ]s I bat ull the answer you will give u»?
ifej, said 1^ that xn my a««wer : so tl»ty went
away. Atker we bad sworn all the men thai
i{e in till;: new ebaiier, we went to the etec-
n' of a new mayor, and we cho^ Mr, Toj>*
int'r * w lien we bad chose bim^ we went
I I Mum, iih the usual manner was, and
|i,„,...i..,. d htm at the market-cro&s, the ^eck
ay -cross, as we cull it ; and aa we were [iro-
siaimi)!^ our new mayor, there cornea Bberwtn
rid (jteiu, with a g;reat many more, abont 40
beUevL% or thereabouts ; and a^ it gr«w to-
Hrardf mtfht, they nbonteil and threw up ilieu*
Ekat^, and we thouj^bt they would have run in
l|ion ms^ and they cried om. No New C' barter !
!la New Charter ! A Greavea mayor! A Greavea
Mr. }iortk. What became of the macef
Wild. 1 kept iU
X. C* J< ^V h»t t« this jLfentleman'ji name ?
Mr* Ni>rtk. Mr, \V ild , he was mayor then.
I'B&ve you no tQ« re to say, 8jr i*
JuE^t. Withkui. Fray^ who wna at \\\a head
fall this rabbled wtio v^as the chiei of them i*
Wild. 1 beliefe if Mr. 8.icbeverell hud not
\ ibei e, and those other gentlemen, we had
J no ifiMurUaace.
ill '-'i. Pmy, Sir, let me ask you,
'l^ad I '--men their sword!> on f
HW. \^^
Just. Wuhtns, Did ihey a.bet and couute-
j ti4acie t))c tumult ?
Wiidi, Y^es, they did abet it.
Mr. ^forih. I>id any b^j^Jy jstrike or threaten ?
Wild. There are iiome tn court can tell you
I fometbuiff ot that, I know nothing of it
L* C* X I would know of you bow many
Larsons were oresent at this lime when this
^tumult wa«. Pray name as many oftbem as
you can. Vou hare named Hacbevereil, Gre-
f^ory, and Hutehin«on for tlie tir^t part: you
1 DAve named aliuuL the bu^ine^ of the muce^
S4jtiucl Uicbanlif aiid Arthur IliccanU.
Wild, And Mr. Grtt-n and Mr. Sherwio
vere there at the market- crosa.
LCJ. Who else?
Mr. t'o«t)ii, Waa Ml. John Greavea there?
M'UJ Ye«.
Mr. PoiLU* Was WiUiom Greaves there ?
WiU, Ye«.
Mr Fowis. Wttii Ralph Eennet there f_^
Wt/d. He waft there.
Mr. Fotnii* Wa^ WilH.-im WiVfOol
Wild. 1 oan
Wild. Yet.
L, C X Wm Thomaa rrig Ui«t* ?
HUd. Yet.
i.. C. X Was Richard Smitli there ?
Wiid* Yes, he was* tliere tfjo.
L.C.J, UajiJohn Hoe there P—H-W. Y«.
I.. C. J, Was \\ lUiam l^nutii there t
Wild, Ye«.
L. C. J. Wa« Joseph Turpin itiete?
Wild, He was in the hall r ip |
hat, but I did not se^ him in th* <
L, C, J. Did he abet the tuiuitii f
Wiid, Ye&, be cried out. No New Ch
No New Charter I A Greavi» may or 1 A Ur
mayor !
X. C. J. Was Nathaniel Chmn»«U thcref' t
Wild. Yes.
L. C.X WasHii- ^ '- ' -therel
WUd, I can «av '
L. C. J. Was Jt>-
WUd. I can ia>
L C. J. Then tU
to; Wilham WiUon, Humphry Bark«r« tn
Joseph A8thn.
Mr. ]^ofth Pray, Sir, favour me tvith omft
word ; 1 would ask you ttus qoeatioo : Was
there any proclautation made by your order to
have iliiise depart that had no bu^ness?
Wild. My bra* I diil order il •«[ Ukd I
think the nerjeant is in eourt ; I f«tit him i
the other room, and did order him to i
proclamatioQ i he will give you an AC4»uq1 of
that.
lietordfr, H«»w came it about they were gal
to church before you cMine fioui v^ut ♦»;5ti
house? Pray tell us what you
fore they went to church. W* , i
thi'iu Utwre (hat at your house U>ai uio
auil what dtd you say to them !*
Wild. Ma) it ple&i»e your lordshit), my lo
and gynttenu'n of the jury, the nevr ch
was not come till s*i i
they hud been at my
0*crrH'k, io Un' ■
and ihey wev'
suailed them \"
a new* charter
my frit nds, ai. .
the rest to iitay. 1 did persuade iheui Ih niiiy j
great while, and went out fn»ii them, mff run
to them ai^'ain. At taf^ news wa» bv
that tlie new charter was within tlj<
the town (lor we had a (»))y at the tup of
bon&ea) and that hall a sc<»re were come \
it $ so I went to atdemiim \LtV^
DOW the new chftiter waji i
bounds of the town. Wheti tut ,
say so, they cried, Away * Awsy ! I
church ; aud thc-y *«id Mr. Sacheitj
the street, and so they tbliowecl bim to chu
Away they wtol frotn my boune . but a hH
tkmtt^ ot them i
to them to persu
STATE TRIALS, 36 Charles II. \6M.^and others, Jhr a Riot. [46
Juft. XVithens. Is it usual that the multitude
should make the mayor go to church betbre he
has a mind to it ?
Mr. Lovcli. Did you make any summons
at all for that inccMiug?
Wild, I sent no summons.
Mr. PvUexfen. It is all laid in your infor-
matkm, that the assembly was summoned bv
.vou.
Wild, All that I ever sent for, as I know,
was Mr. Scrj. Bij^rhmd. There were two or three
^entliMiicn at my li»usv thiit uskrd nie to send
for him, ho havinsjf b«'on Itix^Mirdcr bv the old
charter. Said 1, if Mr. Serjraiil Hi^Iand has a
mind to ctmie, he iiia\- come if he will ; so I
sciit tor him ; b«i ihrre were none of those
l^cntlemen that 1 named hcfurr, that I sent for.
Mr. Poilerfhi. I think you sav that you went
from tlie council- house, and allerwards went
into the haJ!, and there you were snom, and
then you did proceed to read the charter ; pray,
were any of the defendants, or which of them,
in the hall ?
IViiiL Sir, I told you that Mr. Gregory and
Mr. Hutchinson came into the hall, and Mr.
rharnell, and Mr. Tuqiin were there in par-
ticular.
i\ I r. Pi tffcrjrn . \^ h.at did Mr. G regory and
Mr. Ifutchinson do there?
Wiiii. They eauie, Sir, to desire me to go
into tile council- house, lor the o^entlemen hud
chosen Greaves ma^ ur, and desired me to hear
him sworn.
Mr. Polfrxjen. Was Mr. Sachcverell, or any
there, hut those that vou say came to tell you
what they had done In the council-house P
Mr. Hult. Who staid Ix^hind in the council-
house.'
II i/d. All In It those that came out w Iih me
Mr. Jonts. Prav, to satisfy them, tell them
how far the couiiril- house atid the hall stand at
a distance : how far asunder iirr they?
IVUd. But just over the diM>r threshold from
one atiuther.
Mr. Jrnrs. \re tlic\- contitruous to one ano-
ther i»— »'////, Yes, Sir.
■VIr. Jt'nis. Can they come into the conncil-
huHse, but liiey must ^u throu<^h the h:il1?
Wild. No, HO, the} n)ust come from the
hall first, unM so j^o into the e^imcil-hou^e.
Mr. I*ulit rf'nt. \n\i were siH^akiiipf of some
of the eompanv that had swonfs by lli( ir sides.
Wi/d. Yt*s, the irciitK'nieu had.
Mr. Sltinliopt:. Did you r»bsfT\r Mr. Saclie-
•T went, 1 said to them, Gentlemen,
11 give but a little time, the charter
ere in a quarter of an hour or less,
pray be pleaaetl to stay and see it be-
»»», for 1 tell you I must act by the
«T, and not by the (dd.
'iikenM. When you ordered them to
claBiation of silence, how did they
They were as tumultuous as ever
MoKay. If you have any thing" more,
rfull knowledjje of it.
My lord, I did jieri'eiie a s^reat deal
there wiis ; I knew not how it would
I Jay t ^''* w-rrc afraid ot'lifing knock-
bead, so I dispatched a messtMii^er on
to inv loni duke of Newcastle, that
ilease to eonic to us and assist us, for
we were in a preat deal of dausjer.
mme to us on Saturday uig^ht, and
( till we i»erc pretty quiet ai^ain.
T. W bat did they do on Saturday,
lt«as the tlay of proclaiming the
iWe other cross, the malt-ci-o.ss, it Le-
the uiarki'i-day, when the country
Be JO, that so they ma}' be satisfietl
l^ofthc t(»wn.
i». Did tliry proclaim their mayor
MR/rf. Y«'-s.
Ur* Ptay speak out, and tell how
Pray, 3Ir. Mayor, by the
r of your corpora'tum, is the
I any other day than when he
Tfl^ the no3it day at\er, tf) satisfy
fejrvbo are mayor and slicrifl's of tlie
L Were both the mayors proclaimed
• Yes, after we had |)roclaime<i our
pNMDtl} thci'<:r raine a <^n-at many
•,aiMi prorluiiued their msiyor.
/. Name theiM who they were ?
My lord, 1 VI as not so near tht-iu, as
Mieularly who they w«:-r«* ; hut thry
pibeir bats, and luiide a i^^reat noise :
» CBoni^b in court can tell i;t ho tla-^
nd7. Pray, Mr. Mayor, will you tell
baM authority and ilirection this a.s-
wMiiea:' '
litmfmm. Sir, he asked you a plain
i^pmy aiisivt-r it; by whose direction
&BnUvcallett?
FSr, I do not know ; they had no
|fa«Die.
Ml. la it nut usual to mei't of c(Mirse,
kMnaos, ou the day of election .'*
vcr tint I knew of without sum-
r new charter not ht-inj^ couu, I
iay summons.
Is it uot usual for the burf^csses
tapSB the mayor to chund) 1*
, wie that ftre summoned i hut
vi.Tt'i] ;ind Mr. Grejfory had their svwjnls by
their ."sides .^ "
Wild. Yes, to the best of my knn\vh?dp^i'
they had.
^it. Stanhope, To the JM.'St of you' know-
ledge ; do you swrar they had »u- iio !'
litcftrdti. "^Voi.Id you have him .<;Mcar be-
yond his knov.kd^e!'
Mr. Stnn/iupr. lliid Mr. Plumptre a sword
\^hr.u hi- cdiut' fn>in chiirrli to tht hall ?
Wild. I sec liiN tiuM* ninoii^- the rest, but
they \* err so many, I cannot sjieak particularly
who had their swonls on, and who not ; 1 b<;-
lievc they mit^ht have all their swords ou.
power to d«D«iid it. If hm bed ftoy ijy^hil
lfi«re WEM m ^roptr plaoe for htm to a|i|4^ t
it wert dcttinM 6«wi iiiai*
Mn StanJtopf. Mj lord, witli wb
uodeteUnd no such f^«ai saucmeiB 19 it, 1
make a demand of an entugn of olEce.
L* C J, But I say it was iiaucy, and I (
yoii you bad be^u saucy if you bad done i
far every man that meddles out of his |^
is saucy : you may carry that away wtUi 1
amonf^ y^iir other obeerratioDS, Bw
prickeared fellow, 1 \i ill warrant yottf ]
to dispose of the government. Let Mr, i
iuson and Mr. Greg^uy be as j
wiU, tbey had better have studied to bavi
quiet, and meddltd with their own
And I win tell Mr. Gregory ' ad co:?
^ accedos antoqutuu vocena^' is a rule»
ought to be observed : but we are wouderfuJ
ai'raid^ forsooth, to tell our minds : no« 1 1
you it waa saucy, and if you bad gooe
tliat errand, you had been vaiicy.
Mr. Siauhope^ It may be 1 abouM Ha
known better Uian to bate gone on such i
errand.
X, C. /. So you would have done well to i
and yuu should know better tbao to aak 1
insignilicaut impcilineut questions as you do.
It WHS rety saucy, I tell you ; and if the beat
man of your party bad gone, it had been aaucy.
You sliall l.Liow our minds, if you nut us upoct
it^ because )'0u arc so bl^ of it. W« i
473 STATB TRIALS, 36 CajitLKS IT* 1 6$4.'-'Tnol ^ ffm. SbtlmmrM,
L> C. J. Pray, Sir, what do yoa mcati by
ibat question ? Plainptre i^ nnt Here bsibre ua,
Mr. Stanhope. Ue is in the infonnation.
X.C.J. Youbadaagoodask ifMr. IVar-
trea was there.
Mr. Stunhope. My lord, he said be was
there, and bis name is in the inform atiao.
L. C. J. Yoo had best ask ns, whether every
mart in the town had bis sword mi. Let us
[ keep tn the thing befofi: u^ and not aik such
h impertinent idle qitemioosof people we bare
noihtn{2r to do with.
Mr, Stanhope, Is 3Ir. Sacbererell a bnrgeas
of ill e town?
Wild. Yes, he was a burffeas by the old
charter ; but though he was a ourgeas, be was
not one of the fle<Jtors. He had nothing to do
tbere» nor Mr. Gregory, nor Mr, Plumptre.
Mr, t'uticr. Who are the electors?
WtU. The electors are the mayor, alder-
tni'o, criioner«, and the rest of the '^uncil, by
' both charters, and so he had nothing to do
there*
JuKt. W'lfAtfna. He ^fas not concerned in the
corporation, but ouly a gentleman burgess.
X. C. J. How long Iiave you been of the
counett of that towni*
Wild. 1 httie been there o great wliifc, a
» dozen or 16 voare^'
X. C,J. f lave you bf*en prcaent at the elec-
tion ot mr e that tmiK ^
Wild, i r
X. C J \V ' '"^ persons that used to
conii^ 10 dect m re thut lime?
Uiid. The uim riK^vor, the alcUrmcn, the
council, the coronerv,' and (t^e aberifla, and
those thai liav^ been shcriflk
X. C. J. I>td the other bnrgessca nae to
CiimeT—Wiid, No.
X. C. J. D*d Mr, Sapbcverell and Mr. Gre-
gory iiie to ap[ieajr lor the election of mayors
Eefure that tiine?
Wildn Mo, my lord, they had no bu^eas '
there.
Rewrder. At this time they had, it seems.
Wild, They made il)em<;erfes bunne^
Mr. North. Pray swear John Malio. [Wh'ch
wusdone.]
JSU. i^tuHfiope. Mr. Wild, praybepleaaedto
tell the court how Mr. Htttchinson cxpresaed
^ Ills saucioe^s lor you are pleased to say, he
and Mr, Gregory ^amt' Kaucily to you f
Wild. So he did, fciir, he came saucily to
t demand the mace^ which he had notfiiog to do
[ wjibal.
L.CJ. IsMnHutcbinaonhere?
HIt, Stanhojte. Yes, be i<: did he demand
It hiniself, |n nyi or did he tell yon tlie other
, &];ryor demanded it.
Wild. He Lumc to demand it.
Mr. Sinnhvpc, Did be tell you from whom
he cam*' f
Wild. He said be came from Mr. Qreavea.
Mr. Stanhnpe: Then he did not demand it
for hunaeUi'
X C. J. And if Mr. GrcaTes had demanded
iti be bad talked naucily ; lor it waa not in bis
to 3 fine pass, that every little prickMiad&lloi^
must crtnie to demand maoes ihit are the
badi>^es of autborityp and they miiat net b« lutd,
forsooth, that they are saucy.
Mr. North. Fray, Mr. Malin, will TOU gir*
an account nhat ^ou know of this matter f
Xn C* X We are trying people^s rights by
club-ldw ; but by grace of God it abaJltiot be
ao, so long as I sit here.
Ma/in. I was tlieu KlveriflTat that tioie.
X. CX What time?
Matin. Tliti time of the riot, on Iktichsf?!
day, 1 then being aherlif went out to
the charter that was «»ming at that tin^,
I went a <$ far as Leicester, ami came back
it about elef en o*c)ock, on neju- as 1 can
I came with the charter on the one aide
that brought it» and another that is ,_. ,_^
with ua thatwc left tiebind, on the other sid(
1 met these gttfitlemen that stand in thiai
1 will name them if you please.
X. C.X Dow,
M utw Mr* Serb evetel I , Mr. Gregnnr<
Hutehinson, Mr. John Greaves, Mr, ^"^
Greater, Hamuel llichiinls, Robert
Fraacis baluion. Arthur liiccardfl» Rail
net, John Hhernin, Samuel Smithj
Trig, WiUiom 8mith, Joseph AsHln, and Ni
thaniel Charnell ; I met thefie men.
X. C. J Where did you meet these ti
Matin. At the ^te called Uye-8ni4th
They were a-eoming witli a great many m*
and'l suppose they went before; for I wi
forward to Mr. Mayor by the new cbivrter m
ly the old charter too, and I piet hiiu, and ~
TAIS 9ItMLS,'36€HARi/£8 II. 1664.— tfmf others J^r a Riei.. (50
larter to bun, and staid* there, and
e gentlemen that were concernetl
by the king's uew charter, and
m theooe to the Guildhall, and
fe ireDt into the council- bousp,
i were in the council- house, Mr.
r Mr. Bdse, as town-clerk. Tiiey
len to churdi ; I was one that
■8 eoncemed in the new charter,
nan mud town -clerk. 1 went for
o see the charter read, and that
e them sit in order, in that man-
BS thej had used to do before in
Ttmdy to go to the election in the
e wa V it used to be in, by the old
hmre been concerned in elections
y sijc or seven years ; but f never
neineik in all that time appear
* nsed to be noiu; but the uiayor,
nnd the clothing. Tliere were
gentleinen, as ever I saw, and I
rearm standing, six I am sure, I
, but only one gentleman once,
gentleman that alderman Edge
lee the formality, a gentleman
rks* Office, as 1 remember. This
■oquainted Mr. Alderman Edgt
d, but lie did not come to us';
after we had sat there in the
, ■««>« gentlemen came with a
t know not how numv hundred
pi when they saw the mayor
mA the new charter, these gcu-
!.|D Stir ; and when they came in,
Hiee such a bustle of those that
Ijio there: and the first thing
' was spoke by Mr. SacheTerell,
dMT, for 1 saw hitn there ; Wc
dect a mayor by the old charter.
^0r then to them, I know no biisi-
i here gcnth'uien, any at' 3'ou ;
i he made proclaniatioii, and told
id nothing to do there, au'l he
idung to ilo witii them. So then
t for a poll, and did proceed on
'party went, and one or two of
K concerned in the new cliartcr,
any of their party. There was
Mr. Hardy, that gave a vote for
d this was all. Hut they would
; all ; but Mr; Mayor told them
winess there, and ite had notliing
b: and with that he took up the
■t with some of the aldermen into
^nd when they kuw him goint^
1^ to cry out, and he had iiuioh-
itbey were so busy to kt-oji him
4 as they laid their liai.ils uiM>n
lap It, tlie serjt-aiit got uway w ith
M with tlie mayor. 7'luu s.-iys
■y. Stop the hooki'. ^tf'p i\w
Jj^M several tlme^. \Vith that
la^af the C'jroriiik. Mv. Wool-
||jiBaneoftht-b(>oks} and whethir
p:;Pnlliof or tugging, I cannot
of the books were
Mr. Powis. Then what was done as to the
mace that belonged to you as sheriff?
Malin. I was crouded out, and I could not
lay hands on m v mace ; but the mace lay upon
the board, and was left there among them't
and I was cronded out^ and followed Mr.
Mayor, for there was no quietness there, un-
less you would stay to be knocked on the head.
Mr. Poaris, What became of the mace ?
Malin. I sent the serjcant for it, and ha
told roe he demanded it, and they would not
let him have it.
L. C. J. But speak your own knowledge,
not what anotlicr told you.
Malin, I came in at^nvards there ; when
he told me he had licen there, and laid his hand
upon it, and they rescued it from him, and he
could not hare it, I went in myself, and de-
manded the mace of t!ie gentlemen, lliere
was 31r. Salmon, Mr. Ilichanis, Mr. Artliur
UiccaiHl:j ; there were four of them tliat told
me they had as much right to the mace as 1
had. Gentlemen, says I, that is stnuige, I am
by your charter shcnd* still, there is no body
elected in my room, and our usual way is to
deliver our maces, you know, in another plaoei
and not to rescue them away, and detam them
by violence. Likewise the mace was a thing
that I paid for ; I was so mmdi money out of
l>ocket upon it ; for that is our usual irny, it
being bought lately, every sheriff lays down
such a sum, and loses 10s. by it at the year's
end. I told tliem then, too, t was sheriff by
the king's new grant, and therefore tlie mace
belong^ to me.
]\Ir. Powis. 'SVhst is that Arthur Hiccarda ?
Malin, An attorney at law.
Mr. Powis^ He is none of the aldcnnen, is
he? — Malin. No, no.
IVIr. PoRis. W hat is Salmon ?
Malin. Uc is a feltmongcr, or a glover ;
he makes gloves.
31 r. Puuis: What had he to do there? was
he one of the aldermen P
Malin . Ue was one of the old council. And
there was one Bennet too.
3Ir. Pouts. What is Hiihards?
Maim. He is a boukbiiidir. He was on?
of the old Council. Ho ^us coroner.
]\Ir. PozL'is. What did you say of Bennet?
Malin. lialph Bennet was one that told mt
he had :is much right to the inaec as 1.
Recorder. ^Vcll, go on to what was done
the next day, the market-da} , H;iturd.iy.
Malin. I cannot say much to that ; for I
was with Mr. Mayor making proclaniatidn ut
tlioio thut ^vore by the new charier, bin 1 iliJ
not see thcin juoclaim any thing.
Htiurdi r. Was you by when pniclan^ation
wu.s made?
Malin. I Was by wIk'u wc were all pro-
t'laiuu'd, but not wlicn thry A\ero ; l>ut then
L. C. J. Hnither. let'bim go on U* tell us
what happeneil on the Friday.
Malin. Then Mr. Aldfrnian Wild, who was
the mayor, when lie came out themv. went
into the^Guildhull, wher« then were abund^M
SI] STATE TRIALS, 36 Charlks II. \6M.^Ttial of Wm. SacUterett,
of hurgettes j^atbered togvCher ; aild Beetngf
them 80 unauiet, he was tatmfyinff thMi at iar
"tt be coulii ; says he, if yon Will hear, you
sfiall have the charter reacf, either in- English,
erasitisinliitin, anif then you ^ilt see that
none of your privil^es are dimhiished from
you, but increasefl rather : and he was about
to read it, and shewed the broad seal to them ;
when in comes !flr. Hutchinson and Mr. Gre-
Ijtiry^ td desire, or request, or command, or
'^nmething-, Mr. Ma^'or to come into tlic coun-
cil-hnn^e ; I bey told him they had chosen
Greaves mayor, and he ^vns to come to hear
him sworn. With that the bnrg^esses that had
been quieted before, and was so civil as to
hearken, and were about to hear the new
question, I can tell yon the resolution and opi<
nion of all the judges about that case. Tbfrt
is Taw for recovering everv man's ri^ht, but
club-law is not the way to determine ni^it.
Recorder. Swear Mr. Rippon. [Which wa
done.]
L, C. J. You^lcnow what liccame of mnM
of those apprentices, Mr. Holt.
Mr. Jennings, Mr. Kippon, pray will yoi
tell the court whaf you know of tiiis riot M
Nottingham ? '
Rippon. Upon Michachnas-day, lG82,abod
eleven o*clock, the charter came to town; 1
was then with Mr. Mayor, Mr. Wild, M Wi
went straight axvay to the hall furtbwithi nli
desired that he would be sworn byMt
we
charter read, flung* up tlieir hats, and crie«l j Beverly that was steward. No, says M^-j
out. No new Charter ! A Greaves mayor! A have no mind to it, till Mr. £dge, that wi
(■reaves mayor ! Then alderman Parker durst
nut stay any Ioniser ; says he, f will not stay
to be Ibiocked oh the head. Then every one
\vzM fVighted, and tli« mayor took np the mace
and ran away.
Recorder. How many might there be In
the hall?
Malin. I believe three or foor hundred.
■R^torder. Did they restore the mace to
you?
- MMln* Tliey came tbe next day, and would
have tendered' me money for the mace.
Recorder. What did you say to them T
" Maiin, t tokf them, i knew no right they
hatF to tbe mace, and I would take no money
for it. It was one Ray ncr that came and ten-
dcn'<l mc money tor it.
Just. Holluuay. Pray, 8ir, let mc ask yon,
in-the electing Ot ^our sheriffs, do the lihcrifls
return the mace ; or can any body require the
mace betbre the gaol is turned over ?
Mafin, Yes, my lord, the gaol may not be
turned mer in a month ; but the ensigns of au-
thority are dcltvere<l to tlusm presently after
thov are swofh.
Mr. Jluif-. Pray, Mr. Malin, do you kn«)w
which of these defendants were there at that
"thne when' there was tossing and throwing up
of their caps, as you say ?
Mat in. A gr<«at many of them w<»rp in the
cciuncil house; they had taken that room to
themselves, -and thrust us out, and
town*clerk, came to do it according %kt li
office ; so' he desired mc and alderman PlnM
to go to the church to desire him to conne i
do his office. We did so, and spake to I
Edge : ^»avs he, if they will please to Cf
hither, well and gi^ucl, T shall nut concern m^
self any furtlicr. Then , said we, will y mi gm
usthe books that concern us; they arelMi
8ai«l he, what would you have more? Nif
said I, I am satisfied ; si> we came away, m
soon as we came back to the hall, we told hkl
the message that Mr. Eilge had sent ; M Ift
Wymondsell tilat was deputy recorder, ^IM
rcailing the charter. SSays Mr. Mayor, if y/m
please, i will be sworn, and proceed ttieleetMHi
Presently comes a great compsiiy, Mr. *"
vercll, Mr. Hutchinson, and a great i
you please to give me leave to lo<ik apdn ■;
|Niper I can tcU you ; there was Wm. SMli
verell, esq. George Gregory, esq. CkflA
Hutchinson, esq. John Greaves, gent. Wfliiti
Greaves, gent. Samuel Richards, gent. RoM
Green, gent. Fraticis Salmon, gent. Ai^
Uiccard*), gent. Ralph Rennet, gent. Jah
Shervin, gent. Wm. Wilson ; I do not kiMJ
I must beg your ]mrdou, I cannot speak pn
(icniarly to him ; Samuel SSmitli, Thus. Tn|M
Richard' 8mhh, John Hoe, William 9am
Joseph Turpin, gent. Nath. Chaniell : I cill
not say anything of JIuinphry Barker, bl
. there was Joseph Astlin, tayUir. lliese ^
demon cnme ni with swords by their wdtk
raidfltfv
Ir.RM
"sia^
\ saiflOTl
fn? 8MI
nbv«i
non« of j
thrni ranie into the hall hiU Mr. Hiitchinsnn i Kcvcral cf them really to the terriiyin^ of tlM|
and 5Tr. Gregory ; and the burgesses wen* i that w«»rr ihrrr ; I was very much alraid "^
very quiet till'thoy came and domaiulcil .^Ir. srlf. So .Mr. Mayor looked npon Mr. T
Wild to cnme and hear their ma3-or sworn. ' ' .- *.. . *? •__ —mi
Mr. //cl/^ How long did Mr. Gregory and
Mr. Hutchinson stay in the hall .^
?%To.Hn'. I do notlcnow ; they staid so lon.-
as to demand the mayor to come.
Mr. lloH» Did they carry thcuisrlves pmri»-
^l»l V and civilly wliile they were there ? j
i.. C. J. W hat had they to do there ? I ask j
jfitr-tSnt, Mr. Holt; and ii» case you have a
\uvu\ iv) have some qtirstior.s asked and an-
swiTCil, I will |Hit you in mind of a case of a
part'f'l of a|ipreiitices in l^cmdon, that were rod
toiji'ther about nulling down some houses in I
"M^JHields r cinvin case you n<!:k mc another
and, says he, Mr. Alderman K<lge, will
tnki tin* cliartor, and n»ad it, for the sati
fi'»n i>f yourself and thefse gentlemen? I
Xr. Kiige, I do not know what 1 am by
rlmrtrr, wheihcr I am any thing or Ml;
know what I am by the old charter. Sll^
>Ir. Sachever«=n, that is not our hnsinem^
1 prr*i nr, wo ronio to tKnrt a mayor by the
ch;.r:rr; and verj* hot they were, and Cta
om Toelection, To eU»ctio!i, Sahnon audit*
frli<n\3 ; so tliat Mr. Mayor could not be hr
[ and to election they went; and I asked
Wild, who was then mayor, who he was
S ly ; he, I do not uu'lcrstand by what mi
STATE TRIALS, 36 CHAftLBS II. xS^.-^and oihenjcr a Riot.
[S4
■wttftbeic gentlemen come here: tbejr
[dudeil by die old charter, and J think it
hMter Hmr you to be elsewhere : tlicy then
who be was for ? Says he, 1 ani for none :
bcT asked aldemuoi Parker, and he said
■e ; and when we tee they would have do-
tee but that, we witlidrew into tho hall,
dl upon swearins tbe.dfiiyor. >Ve swore
■d just fiottbed Uie oath, and the people
rcry silent, aod be drew out the cliarter,
Mwed the broad-seal, and sold, Here is
7f 's new charter, 1 aia very confident
jour immunities and your |irivUcges
i« AetirivcMl of: and there bein^ some
Mir, said I, pray be quiet and silent,
jan bcaar it read ; at last they were very
sad qnieC, and we thought it would have
» very lair business ; when in comes Mr.
I and Mr. Gregory, to tell Air.
I tliey desired Ids company, as the
IS, to be at the swearinp^ o1^ Mr.
Mg nay ur, for so the old mayor oiij^lit to
dse be is no mayor, unless ho be sworn
ipneedio^ mayor. Says he, I have no-
li say to iiim, 1 know no mayor tiiat he
Kara about our own business, obeviiij|>f
m^% authority and his charter, 'fhis
•jnoner said, but they had animated the
Mieaf people that were there, that they
|l|lbeir hats in a very irreverent uusturc,
\.^mm saw tbe like, shouting^ and cryiaj;^
Jb MS Charter! A Greaves mayor! I
in Is secure the charter ; and a larreu-
Mtfent that I had on, was all rubbeil to
Kma the charter, and I had muoh*ailo
L Mv brother Parker he was so afraid,
(Mr liie bench ; Prithee, said I, stay;
PfeUf tliey dare not do these thinirs;
ti^ I am afraid of my life, and fare you
» Mr. Mayor biid I'sat a- while, tor we
ristwbicU' way to take, but at ia«a we got
ribvBs^ tlictu : but if i touched ground,
41 Bu^ht ii«:%-er seezny wile again.
CL y. Now n licther that be a curse that
byert upon thyself or no, I cannot tell.
ff9m. Had you been tliere, Sir, } ou would
btca afraid "too.
Mivdtr. Pray speak that ugai'i.
fipsa. I say again, when 1 went away
I with 31 r. Mayor, I did not touch tlie
li fcr c-ijifht or*nine yards togethtT *, fur
vaa'd not make way, and tliey pulleil
f te ipown, several of tlM-m ; and if any
sAs bad been there, he would have been
bfiavii. How long ilid they continue the
biM. So, Sir, we got straight away to
HiiSt bouse, thai was then mayor, and
HlRmr him accordiogly as ilie usual way
t^ the charter iui|iowGred us, as 31 r.
isstt tokl ua, that we niiglit tlect any
4i we fell to tlie businei^ of the duy,
■lline we had three partfei <loue, tlicy
% aad prodainied their mii^or: but
i^espt and send Mr. Hutchinson, nnd
|Hjrv MtfiMici lUcbwds, and .Vtthur
Riccards, to demand the great mace for Mr.
Greaves, as be was mayor : Said Mr. ^Vikl,
whatHhalll do? Wliy,j«ud I, go douuaitf^
give th^m their auawer ; tell them they are
saucy fellows to do any such thing : Says bo,
they are gentlemen ; why then, said 1. tcJi
thcin they might know lietter tlian to uo so.
So he went down and told them ; said he, I
received it by good authority, and will never
part with it, but to as good an authority as. I
received it. 8o we staid, and went on and did tlie
business of the day ; and afterwards, between
Hve and six o'clock, we went to tbe cross,
anil ihere proclaimeil the mayor by the nen^
charter, according to the custpin^ 9iul xetuiiied
e\ery one to our own houses. The uejLt day
we were atraid of making a disturbance ; hut
about nine o'clock we went and proclaipied the
mayor, and about eleven there cfiine all th'eso
gentlemen, and there they proclaiiiicd'.SIr.
Greaves mayor, which was upon the Ha^unfay ,
accompanied by uU these persons, as bear as I
can say.
Mr.'Porif. Was Mr. Sacheverell there then ?
lUppon, Yes-
Mr. PtfWM. Were all the rest there ?
liifipou. To tlie bestof my knowledge they
were.
3rr. UolL Can von say Mr. SadieveMO was
ihcreY^^.liippnn. Vea,l[ewa^.
Mr.lIoU, Who was there?
liippon. Tliere wa» tlw two Greaves^ and
Green, and Uichard;:, ami Bennet..
31 r. Uoli, l>id yoM see tbeui there ?
Rippou. Yes, fdid,
Recorder. HioiMHi, pray will you recollect
yourself, and ten the court who was there on
the Saturday i*
Ripfou, Mr. Sacheverell, Wm. Greaves,
John Greavesyi^mui*] Hichards, Salmon, Ar*
I thur Uiccards, Halph Bcnnet, John Shu vvia^
. W iliiam Wilson.
Rtcordtr. Was Wilson there?
Rippoiu Yes, 1 bue hint myself.
Recorder, W hut, it juicing J
RJppon. Yes, he u;ib rejoicing as the rest
did, to the terrifying of us ull.
Recorder, \V as he in the croud ?
Rippon, Yes.
Mr. A^orth. Will you ask bim any thing,
gentlemen ?
Riupou. 1 know nothing, if it please your
lonlsnip.
Mr. Uoli. Pray, Sir, this ^ can \ou klv that
Mr. Sacheverell liad his sword on, on Michael-
nras-day ?
Rippun. Yes, certainly he had one on.
."^Ir. HoU. Can you take it upon your oath
he .had Y
RipjMn. Nay, there w ill he several th;it w ili
sweai' it, I will warrant you ; and 1 am sure
you would have been airaid if you had been
there.
L. C. J, Were Mr. HuU-.hinson, or Mr. Gi-e^
gory, burgesses, eitht-r by the new or old
cliartcr ? — Rippon. No, they were not.
L. C. J. nere Mr. Sacheverell, Oiid any of
55 j STATE TRIALS, 36 Charles II. l6U.~Trwl if Wm. SadUverell. [5ft
these gentlemen ever present at any other dec- j
tion? •
Rippon, It is pOHuble, after tlio election is
over, they might invite ^rentlemen to feast at
their houses, but never to' have any concern in
the electi<in in the least.
L. C. J, How many elections have you bqen
present at ?
Rippon. I came into the council at the
kins;f*s coming-in, and I have been alderman
live or si.x years.
Mr. rowis. He came in by the rcgnlation.
Mr. FolUjcJen, Pray, whereabouts wai it
the mayor ivas sworn ?
Rippon, At his own house.
Mr. PolUxfeiu Whereabouts were the she-
rifls sworn ? — Rippon. What theriflfs ?
Mr. Pollexfcn, Malin, the witness tliat was
before.
L.C.J. He was the old sheriff.
Mr. Holi. And where were the new sheriffs
sworn ? — Rippon, At the mayor's house.
Air. VoUexfen, Was Mr, Malin sheriff by
the new charter?
Mr. lioU, Was it before tlie election of Mr.
Greaves mayor, or after ? — Rippon. Afler.
Mr. Pollexfcn, Was Mr. Malin by the old
charter, or by the new, sheriff?
Rippon. BytheoM.
Mr. PolUitfen. And not by the new ?
Rippon. No.
Mr. Pollex/en, He says he was, and you
aay he was not.
Rippon, Vfir that day he was so, but then
he went out.
Mr. Polliwfcn. Did the mayor return to tiie
hall afler he was sworn, or after you left the
hall in the fri^^ht ?
Rippon. We went straight to Air. Wild*s
before h^ was sworn, and then wo sworu him
there.
Air. Pollexthi. But the oucstion asked you
is, Did Mr. Wild return bac-K to tlie hall aVter
he had taken his oath, and was sworn in his
house?
Ripwn, No,- he staid in his house ; it is not
usual for the mayor to fo buck to the hall.
Mr. Pol lex fen. Did he go to the cross after-
wards?— Rippon. Yes.
X. C. J. It was on Alichael mas-day that he
was swon) ; and ft was by their proelaination
made at tlie cross, tliat he was sworn mayor
that day ?^Rippon. Yes, my lord.
L. C. J. And was it the day atler that they
proclaimed (i reaves to be mayor ?
Rippon. Yi>s, my lord ; it is true, to the
terror of us all : I will assure yuu it i^as a
wonder there was no more misrhrof done.
Mr. Pollexfcn. These g[enticmcn wei-e i:otin
town that day*
L. C. J. Take you your liberty to make
your defence jit\erwiards ; but you must distin-
(fuisb, there are two days, and some jMiople
were one day, and some the other } some peo-
ple were at the- time of the election, that were
not at the market-plaoe ; and sonic were at the
auurket-filaoe, that wore not at the Section.
3u9t. Hollnwvy. That day Greaves was thai
chosen mayor in that tumultoous manner, dU
any of these persons take npon them to sweir
Greaves, when they bad tbus chosen hira ?
Rippon. We went out into the hall, and i^
that time ihey did swear him.
Recorder, Was Mr. Greaves sworn thai day
by the pretended election, Alaliii ?
Malin. Yes, by the coroner.
L. C. J. But 1 perceive by their old chartei',
there was no mayor to he sworn, but byte
old mayor that went out.
Mr. Stanhope. Did not the coroner use l|
swear the mayor by the old charter f
Rippon. Yes, but in the presence of the
new mayor ; he was by always.
L. C. J. What do you mean by sweariM
of him by the coroner r Hsrk you, u|M>n yoil
oath, was there ei er any mayor of Nottingmu^
in your time, sworn but in the presence of the
old mayor?— R{;);)on. No, never, roy lord.
L. C.'J. Do you call that swearing, becatse
he reads the oath to him ?
Air. Holt. The coroner has authority « te
do, as we shall shew you hy-and-liy.
Mr. Poaris. Then swear Ileynolds. [Whidi
was done.]
Reynom, I brought down the charter, my
lord.
Recorder. 1 would ask Rippon a qucstXHi
before he goes ont : Let us know of you when
the old mayor was sworn by virtue ot' the new
charier?
Rippon. I cannot tell that ; the mfw mayor
was sworn by the new charter, at the old
mayor's house.
Recjrder. The other two witnesses did
swear, that the olil mayor was sworn in the
hail ; bnt he says he was by, when the new
mayor was sworn in the old mayor's house.
L. C. J. it is understood upon the receipt
of the charter, Wild, \tlio was the present
mayor, was sworn in the hall ; hut aflerwards»
by reason of the hurly •'burly, and noise, they
went away, and chose the new mayor at Wild*
house ; tnat is tlie fact that is sworn.
Recorder. It is right, my lord.
Pmiit. I'ray, lleynolds,' will you tell my
lonl the whole story *, for you it seems brougrfai
the charter down.
Remolds. Aly lord, I brought the cbazler
fnmi London ; and when \ brought the charter,
I was sent by Air. Alayor, to acquaint Mr.
Edge, that the chart er*^ was come, and this
mayor desired him to come and hear it rnd ;
Air. Kdj.'-e asked if the mayor would not come
to cluireh ; 1 told him he was at the tow»-
hall. When wo came to the council-house,
proceeding to have the charter read, and all
those things, Air. Sacheverell, and a gresl
many others, came to the cmmcil-house ; and
there the mayor offered to Air. Bigland the
new rhaiier, that if he would, he mi jht read
it. Air. Suchevercll, af>er sonic little discourse,
told liiui that was not their business, they were
cpme to elei:t a mayor by tbc old cliarter:
8ays Air, Mayor, 1 do M know any authority
STATE TRIALS^ SS CH4tLE$ TL l6%JL^snd othert.f^r a Rwt [^8
of 4 pafi>ol«inatioi
nirvor * 8iV9 lie to me.
OKxi aM Mr. ^iid 3ir.
BAaitjr. came bit* md there
iMlhvlkarifcflBes that were mct^ ibat tUe king
hbA gntnlrd th^^m :i niTW rliartev, atiri there
vaio«ne of 'unbheJ; and
If Ib^v «ri>ui«. ireadiaEng*
M or iQ L^Uii. I'h^n tl^cv went to nwear
Mr, Aldennan Wild, acwinling to the new
MHO. Presgpftly Mr, Htitchinton and Bilr,
Wgiry c^i>e itt, qh4 t<v|d bim lUey bad eled^
Ml Wr. CifOBfes mavnr, and if he would, he
M»e &n4 hear him swurn : be said, he
I aulhtint^' they hnd tor it, and denied
mnt •OcH etriMiun. Thoti there wei^ siioh
Ini 1L new
iaft Iti MC« vTan jiroclumied divers
VPDK no bearing him speak :
U<^ mmirued tbu eotuu ^^^ ^e
: to ihe nrai'tr'-i !K»ti»e. and theie they
•P tbe tJ' I'lady^ «inri tie
ni tea oji ' eiif
Charier! ?l«*n'^'v^ or!
A6raiiP€*ai*yi>i tm: .,. *. .>ii,»...u» . .^.^n-,
ia^f ♦ a C*^6<^ many of tliL'm wenv ii» firt^^rkiim
bim «t tb« cniss agiiiu, atnong the i< -^t Mr
Was < irej^ory there toa ?
Yf*, I think* so.
Did voo make (jroelamation at
plmU, ior uJl to doport that had no
Ste^mmtik. At the council- house I did, be*
^m^emmti m the common- hall.
00 yon remember »» ho wa» there?
Blr. Saclieverell and Girjfory^
fc; J(M«i. Did thi-y continue there ?
H' Ihd Mr. Sache^ereli make
1 I . I re was a g^wat tioU« in the hall,
llnl vfMi Uk'ikt .wy things oun-
K.'
ereU ary out,
^blMoks! Ntay the hook«
!
mt^Ur. IV bat booka did he nkean f
l^nofd^. Tlivy Mtre «ome
of the books
" ', " .; ^
^Nr^'
1 U( ar id'.
l^liu i^. \^
Hit ibeir
^vio iltnnari
^k/(/r. Vrv
ni-^ory^aml
^KvtchH'^-"'
^ -"•'*! to df-
i tkir tu
\ ho sent
as ilw)
cmoif liad ftcui ih
yor that
Mr. Uoti, Yott apadt
where wua it ?
Rtynofdf. Ye«« I did make pfoctamal ion i
ttie eotlneU-hutise, iw bid all depart that liod i
business.
Ju&t. IfltMfiu, How fsatne yon 10 make till
(Kroclatnetion ? '
Ihynotds. The msy^r brrf me, aa^ I did i
M^,Holi* Wast swMntbeit?
HciftwltU* It was i , thing wtm^
Mr. Holt. Was it beture iic was sworn up
tlie new obarter, upon your oath ?
Reyrifdda, it waa in the council- ha use.
Hccot'ticr, It was when yon wert* t'ryin^ tig
your f' ' mayor.
ft I \ ftenirarda, did y oti obaerre i
beuiiiii. .l.v lu.n^le at afny titue af^warthP
Htconter* Swt^r alderman Parker. [Wbidil
was done.]
Mr. Jones. Are yOii sirorU| Sir f
Parker. Yes, '
Mr. Jonet, Wbyr, liioti, will you please i
five niy lord and jur}' an accoucit of nhat joq
now of this matter f
Parker. At Michaettnas-day waa twtire
month » I t4ime to Mr. Gorras Wild's bona
who Was then mayor. It waa about 1 1 o'<
that 1 was there'. There were a great i
met that used to meet that day, in otdar t» t
choosing oi^ a i (>r« lyid there were i
i^rcM many oti r mayor did not kn
of their roiDini^ ...m , J»>v he gave no i '
he saiit, for tKivf^rdl ot* them that uame, to i
pcBT there, They did iniporttinc bim
much to he gone, In order to the electioo of 1
mayor, ^aid I tn the mayor, w© do expert m^
charter, and if wc should g^ on to tbe choaaioff
or a mayor, we hhouM he all m confufMon. So
after a white, ihe diiwlif |>arty witbdMir
ont of tbe bouse. Some gnrtlemcn, ttijvtttit,
met with them^ and went forward towards I
' Mary 'a chiiroh. Immediately alter cainet
charter down by bim that was last «woni. We '
were sent up In the churvh to dmire aldomttci
Filife, that was the town- clerk, to como nud
riad the rharler, and to let o» know bow wq
were to procwd in relation to the work of Ibe
day. He i^uid \w woiiid not come. Altorwarda
we went to the to\^"-^5»iT into tbe <
chamber; and alW time> siiyalfffij
Mayor to nie» broths , I would dea"
you and Mi% BipfKm, and Mr. Siherilf MatiO^
to go up to tlie cburrb, and desitr and cont-'
nuind my brother Edge to etmt ib«ni« and
assiat tia in tbia buainais ; ao w^tbdvo «ip aod
apake to my brother Kdg^; said I, Mr. Mayor
desires you to come down^ the ebarti-r i« ©onto,
and be would l i oaie and n ^rl .
said It if Mr. ^ ;ljmd, and
mnii fir*<»ves v^in <io w tknvn, tliry umy ue '
jwiljstVd ihfvf ih a ehnri> r, atid wc cannot act
r'' ■ T than hy '' * ' Mtlrrman
I , He kiu' ?rt1er,
I ,1.. ; he was by ,, ■ , i-- ^ml mt
know of auy new one. niul would act by tlia
old charter, and not b}* the new cme. Vl*lfaa
we (yanie down to 9/fit^ A^fayar,«ai4 1^^ y»T
59] STATli TRIALS, ;)o ChaAles II* i6U.~Tnttl of IVm. SgehtvcrtU, [|
th«r£«l(:re nil) not come dawn among you ;
ticr« V9 tfc f»pecittl commijtsitfn In Uie cfaorter di<
r^i^tctt lo tWr at* us, or /luy two of them ^ to
«wair you iiiay«»r ; wc must do that the fiii»t
th^og w€ iJo, ind go forward in tliat^ for wc
rah t*'» nfvthing till you arc sworn mnyor. By
ti les down a ^ eat man < Mr.
\ 1 : eat es, my hi oi bcr E < I l_ x che •
Tertii: it you please, I \%\l\ to<ik iii my paper,
and read tlicir uamcsi that 1 nioy be mor^
I, C J* Ay, look upon yourfiapcr, to tc-
frc^i your memory.
Fc/rAfr. There" waa SjichcTeHl, Or^ory%
lIulchiQsoit, the two GreaT&i*H, HainuH Ricfi-
afds, Hobert Ct reen, Salmon^ Arthtu^ Uiccard«,
John Shcrwin^ Ralph Bennet, aud Wilson, the
rector of fck- Petal's ■
Recorder. Mas iic there?
Parker. Yes; Sajnupl Hmith, Rd. Smith*
fng^. Hoc, Uarkcr, Charuell.
£, C* X M as Barker there '
Parktr. Ycs^ 1 bairt bis luiuie dowo io this
10* C.J. WeJI,ffoon.
Pmrker. First they forced iuto the coundl-
ouae, and forced us out : so I loki Mr. Sache-
fill, said I, vnu hare nothin;;^ to do here.
lUeofder, What said he ?
Parktr. Said he, I bare lo do licre^ 1 am
aeerned if I am a burc^ess. Said 1, no hur-
I acts here but a gowa-nuin ; for it is only
mayor, alderuien, and duthirig' that ane
cotiC€rmHi in the election, and %vts nei-er have
aov gentlemen among oa.
Mr. Poai*. Did they behave themseWe^so,
\ that you were afraid of tiiiik:bief ?
Parker. 8aid I tof>omeof our fiiendtif g^n-
' tlemen, take the mayor*a mace into your hands,
for they were tor M^izing- the great mace that
bdongito the mayor. Anr ' ' fake care
of the books. 8aid lVlr.8. Stop the
books. There was coroner /t vjnu'U^i* taking
them in hts bands. 8»id I, take noiic^e who
dares lake the books ; and said i to Mr. Sache-
verellf you have notliiug to do with the books,
the boots belotig to ut. isays he, take notice,
I will-^in a menacing way, and then heUl bis
tongue. Said I, I am sorry to see things here
this day : 1 have been a member of the corpo-
ration, and been present at these elections for
18 years, and J uaver see such a thing as this;
and* said I, I profess I couLd abnost cry lo see
these diiisenti on s made iimoti^ ua. Said I, I
must go, being one of those Uiat was in coxn-
nusaion to swear the mayor* my brotljei HaJl
is not here, and my brother Edge is ^vith theni ;
*'" tbcy keep me here, tlie mayor cannot he
lorn ; so I puhcd off my gown, and at lant
i^^v bue I waa resolved to go, with
h' A Clouding I got through. But
M ! nor way swuru, said f, you muKt
now :i r, and give ontiT tor tlie peo-
ple to < <^ tie dicb Sayii he, will you
itayi No, Hiikfl 1, 1 dare sluy no k»ngc;r; the
rmle ttrt» bnoyea up to liiat Iteiglil, tbut I
am afnud we abaH bid knockod ua the be;id.
Sol went to my bioltier Hairs, and I aaid j
his wife, stster, citJicr give mc a gbts$ of
or sack, Ibr 1 aiu even s|}ent.
X., C* J, Tliat was to recover hb heart i ^
thill ^\as sinking; for an aldentiatrs heart']
neralJy sinks in sudi a irigbL
Parker, We did proceed on then,
went Itack again ; Said I, if they niuist
knock e<l on the head, I will go and be J
on the head >vith thciiu
L* C. J. A\\ ' igccame tohb
when be liad ,i noe,
Fa$'k€r. 1 iiM I u.r.ii Uiiif '•'-'■ *-'
the mayor, let us go to your i
lef u§ proceed on to rhooj^ a i
him, ami all other fiihcers.
have nobcMly to a*si*l as, we m
we can. And we went thither, and pr
to choose a new mayor, and then newf
and coroner, and chamberlaiji, and we |
tlient their oaibs» And after aU tlii», we wa
4 to the ancient custom, to the w^
% anil there we gave order. ^ lor
iinmauon to be made, to give notice to
ctn-jtoration who was then mayor, whoi
then aldermen, m ho were then she
were then coroners, and who was lliett i
her lain for the year ensuipg. \\ b list 1
doing, Mr. Sherv^in, Mr. Green » and j
many of them came down hoUowing and i
ing, No new Charter! No new Charier I
they cared not for the new charter, it
worth a groat.
X,C./. Who said that?
Porker. Sherwin, a man of a good i
They were going fast away : No, aiid f
go on the old rate, we are m a good cause, j
we do not fear them a |kin ; if tln-y do lay
it w ill be to their cost.
L. C, J. Well said, thou hadst dnmk a i
glass of sack, I perceive, for thou wer^l i
horrid friglit before.
Parker* The next day they could commn
all the counsel iti the town to attend tbcm wj
their new mayor. Greaves. There was J
Edge, John Hherwio, and a grc:it ma
tlemen, with swords by tbcii side-s, \vaiJ
the market cross, and made pi
And after that was done, tlicy c<»ii
on Suudav ; for on Sunday Mr, Gittet^-^
may or, came with abundance of people at
heels, not gentlemen, but gown- men,
thiU were ot" that parly, and offer«nl to
into the seat were the mayor was ; und we v
so fearful of disturbance, that we were
to have a guard to preserve the mace, i
secure it from being taken tiw ay by viole
nnd we writ a letter to Loudon to 'mj br^
liull to acfjoamt hitu with it, and $;cnt poiit |
my lin'd tkike of Newcastle, to let hi m J
how it was, that we were afraid ol' being |
eil OH the head : and his gi ace waj^ sal
that he imme*! < lu us, and wastlid
alxiul four or In < ^, imd then we I
to be a little in hope.
L, C\ /, Tbca you b^an Ki be iQ
agaluf
Chancrl
iTvM
tuae, aim
STATE TRIALS, 36 ChaMBS II. 1584.— mi? oiher9,far a Riot [6S
trkr. How hare tfaey faehaTed tbem-
■MB? '
•far. They baTe had sncb cabals, and
«, and rlubs, that we have oilen been
tftkn.
,Ealt. I luppose they can drink sack as
■jia.
LAnnn. Pray, Sir, had the burgesses
■■T&inffto*do with the election by
iiiBUtw?-PcirAer-. No.
biWu. Mr. Alderman, yon have been
itiwia that town.
lAv. My grandfather was an alderman
L Fmu. Dill you ever know in your life,
tee gentlemen ever used to interpose
■in^ srconecm themselves in the elcc-
iltr. Na; we always went into the coun-
MB^aad were called one by one, and the
mm Wft-T came in amon'sf us, but only
ptenn that my brotlier Edge brou^^ht
l^ematy, to shew him the formality;
Itp »y llursess came, but those that
ilkt coonciT, or clothings, as we call
-*! Mveraaw it otherwise, and I have
mpoimany.
HMMf f. Did not Mr. Sachevercll, nor
Mkeaat-lmrgesses, use to come in ?
m No, Itoidthem, says I, this charter
ii^yon have notliing to do.
Iki^p. Did Mr. Hutchinson and Mr.
RfMetDcorae?
Idt. Ka, tlicy were no bnrgfcsses. But
"kif that if vou please, I would
rMr. Hutchinson, Mr. Gregory,
is and Samuel Richanis, came
a bather Wild's, the uld mayor, and
ear mace. SSaid 1, what nave yon
Utile mace? Tbey said, Mr. Greaves
f» hath sent for* it. Said 1, if the
nira little spirit upon him, be would
laneare you, to ask such a thioi^, for
teatheerood behaviour; said I, and
■lyor, I would secure them, and let
m their advantage against me ; I would
fjk these (gentlemen.
'anii. You speak of somcthinsr that
m at the cross the next day alter tlie
I was Mr. Saclievercll there?
BT. I believe he was.
mH. Did you see him ?
Rf. 1 was in mv chamber, but I cannot
Mr be was tfiere.
haelf. What, at the cross ?
IK' There were all those that 1 named
MI tell you. Sir, the riot continued
i 9mmhj ; for all that bore office on
iRCHHeaod attended Mr. Greaves to
RMr. Greaves c1api>cd his hand on
■eat: Haid I, Mr. Mayor, keep
■d do not stir out ; and he did not.
torn* Pny, tell which of the de-
lft at the cross on Saturday, or at
I was Mr. Gregoir and esquire
r, and William Greaves, and
John Greaves, and Samuel Richards, and Ar^
thur Riccards, and the Smiths and Sherwm. .
Ltroell, Were all these at church ?
Parker, Yes.
Recorder. Did they use to come to church
before ?
Parker. Sir, it is a custom to wait upon the
mayor the next Sunday, and they waited upon
him in their formality.
Mr. HoU. Did not you give your vote for
electing a mayor according to the old charter,
upon your oath ?
Parker. 1 will tell you what I did ; when
they called to the election, and to the poll, and
asked who 1 was for, I told them that there
was no man capable of being voted for, unless
it were Ralph Edge.
]^Ir. Hoit. But did you give a vote for such
an election, or no?
Parker. I tell vou, I said there was no man
capable of a vote but him, and I could give my
vote for none but Ralph Edge: and said I, lif
you will have it, I will give my vote for Ralph
Mr. LovclL Was there an election for Mr.
Greaves, and poll taken, pray ?
Parker. I cannot tell that, but I was by al-
most to the latter end ; for I could not get ont.
the croud u-as too great, till I had pulled off
my gown and crouded out.
Mr.LmeiL Whotook the poll?
Parker. Mr. Alderman Ii)d^c.
Mr. Lovell. ^Vas Mr. Turpm in the aounciU
chambcr at that time, or not ?
Parker. Yes, he was.
LovelL Are you sure of that ?
Parker. Yes, indeed am I.
Loveli. Was Barker there?
Parker. Yes, he was in the hall ; it is all
under one roof.
Recorder. The books that you speak of,
that 3Ir. Sachcvcrell would have secured, what
books were they ?
Parker. My brother Edge can give a better
account of that than I ; for he kept thorn.
Recorder. You can tell what thev were?
Parker. They were books that oelonged Ikt
the mayor.
Mr. 'Stanhope. Mr. Parker, you s:iy Mr
Wilson was there?
. Parker. He was in the hall.
Mt. Stanhope, You know it? — Parker, Yes
Mr. Stanhope, Are you sure of it ?
Parker. Yes, you know it, Mr. Staidiope.
Mr. Stanhope. 1 was not there, sir, how
should 1 know it ? Pray, how did Mr. Wilson
behave liitnself.
Parker. He was among all the'rabble when
they were shoutinuf, and crying out, No new
Charter, No new Charter ; he was an ab6ttor
among them, so 1 give it you sworn.
Recorder. He exurted them to it, I will war
rant you.
Parker. Yes, and has enct nraged it in his
pulpit sincre.
Mr. S. Wartf. Did you hear anything of a
standing- club to carry on this opposition '*
STATE TRIAI^, 56 CHknLiA 11. \6%A^7^al of Wm. Ssc
^
¥
$
fiy uf thr fkieiidoknU
ef
W3
I hear Xhttti is tt ,
%\u I, aitd tliv^ hate gitU
ium«i ot iuou<:'Y tor ttu9 busiu£4t.
Mr 5. Ward. U"^ " ** "
keep up tliesmnt
Farkcr. I have LrLmt s^
Z. C\ J. Tiiat is iioiliiii^ to the bdsbe^ ;
wV " • - 3 laikio us oluny such thing ?
S^vvcar Soinuer. [WhicK was
duM^ J ^ V 1 1 1: yau sent by the sheriff to dc-
duintl the mace ? and pniy what hap[»cncd ?
$umncr* Sm :\j ili:ir iihk 1 uas tlie sherifrs
«crjeaut, aQl and so
thereumflu^ ic ijoloij
out* and the uther caiiuig Tu tlvctioii, »ntf Stop
the books •, and my master the liheriff coiiiing
out, I got in .i» fM2Jt as I could) and gift hubl uf
the mace tlmt wn<* upon the cgunciUtable. ^Ir*
Kdph r Jr. Saloiott^ and Mr. ArtJmr
Jlia-an nil oie again « andtold rae I
111 ' 'i it So I went and lold
II I J iti went and dttnanded it ;
bui tuvy urn lurii l; 1 1 iiitu gooe al»out his biisii'
ness. "Hut bclore I went tirom the Uiiyor's
house, l)ie may or called roe in, and iiaidi liubio»
do not give any occasion ef oflence lo luiuj,
i^oinanor child, to-day,
Mu order. Tliejitry desire to know who it
was took the mace from you ?
Somner. Thev did take it firotn tne.
IUccr(kr, \V"ho did ?
Samner* Mr, Rak»h Bennet, Mr. Sahoon,and
Mr. Arthur Kiccards , them three laid hold on
me, and told me 1 hadnoihing^todo with it.
rMr. Jennings. Bid they I'orctrit fipotii you ?
SomtiCr* Y*£i,
Mr> JcHfiitt^f, And thev did refuse the xnaco
te Mr. MttUnVJWwards >
WSomntr. Yes, thev did.
I ]ii .- \/ , n ^f^tpc, vVherc was the mace ?
I k by upon the table,
f : ......rupc. I thought yott said they took
»■■
tal
H,
^ from you?
Stwiner. Ye
ea> af\er I bad Uid hold of it^ aod
taken it ojT the table.
Hi, FiUDU. Wereyousentforit byibetbe-
riff?
Somncr. 1 was flerjeant to the aberiff, aud it
Wlonged to me to oury the iDa<;e.
L. C. J. Well, go on,
Spmner. When ihc mayor came into the hall)
nnd desired to hare the new charter read, and
hi»4rd in peace, earner in Mr. George Gregory
and Mr. Hutchlnsonf and at\er they came in,
they fell a shouting.
keci/rdcr. What did they say ?
Somnvr, They tidd the mayor tji^y had cliosen
Mr, Greaves uiayor, and if he vvuuid comc' and
bear him sworu^ he mifj^bt. He made ihem
^ome answer, but I did not heiv vvhat he t^d.
the nijise was «o ^rcat There was one that
■tOod by mc, one Martin Chambers, whom I
spakt) to, and said^ Prillice be quiet, or hold ihv
tongue, do not make %\xc\\ a uoisc ; and witU
that he up with his haad| and hit tpe a full
twop QTer th« faco*
X. C. X Who waa that ?
Summr, One Martin Chamhen ; aod
man they hxif e brought up to be a wllnefi
tbcut.
Mr, PciaiV. Sivcor WorUcy, ^ Which
done]
Rrc(>rdrr, Pray will you give an aocomil
wlielher vou saw' WilsinI llierc, and id wbal
place, ana what he did ?
Wort ft!/, Ytrsj, I aaw him in the coiinci
house, my lord,
Hccvrder, In the council-hoti»e ? or in I
hall do you mean ? — WorlUy, In the hall*
Htcardcr, What did you see him do T
Wifrllc^, NoUiing.
RtatrdfTn Was he in the croud T
Wortltif. Yes.
3tr. Feu is. Did you sec the mace
awav?— UWi/r«« No.
Mr. Po.w«. What did you s«<
do? Or what did you bear any
Wort ley. Mr, aachcvercll bid tiirm »u
hook»*,
Mr. AV/A. My lord, I hopr we liavc i
ciently pro^eiJ our tj$&ue.
L.C.J. Did they make any !'"''^" '*" '■
bub» or outerieij iu the hall ? — !
L. C.J- Did tliey make au_. , -,^ .-
council- house ?
Worthy. I heard him bid thciu stay
hooks, thai is all.
X. C. J. Uow many might there he oft
gocMi Sir ?
WortUy. There might be a hui>drcd.
L. C. X Were there two hundred?
Worthy, I cannot tell how many thee
mi^ht be.
Sir. Holt. Pray, Sir* ^Vortley, befure yo^
g0| did you give no vote for tlie election of \
mavor upon I he old charter ?
Wortky, No» 8ir.
Mr. FvUejfrn. Did not you gii e a tote
that time ia the council -chimb^^ ?
Wordey, Yes, thbre was a vote, but 1 j
it for Mr.' Toplady*
Mr, JrnntfigB. I'ray swear Mr, Rd, Wijg
(Wiich was done.]
Recorder. Pray will you give ati
what you know of this bwsinesf ?
Wright. As far .is 1 can give an aceount»
was thus : I saw when the new chiivier ca
and was carried to Mr, Mayor's hoiuse» and
was given to the uifiyor^and it was met
that by the company that was going to i
and they were aiujuainted there \»aj» a ||t
f^h^ri-,.- MTul desired to return buck ajjain ;
'I not, hut went to churcli.
1 — rr.t hi K L f imKiiiphtT lUyntddij, s
one Mr. - i ed to come and J
it read, hui uu \ it.
Recorder, U hat did you do in tlie
oit-chamber ?
Wright. 1 was not there, but in tlie hall ?
Recorder* What did tliey do in the
Wright. I will tell you what they dii
They hail itie charter )>eibrc tliem, and it
goui^ to be rend) and the buigt^soi wtim
I
STATE TRIALS, 36 CUARLI^ II. l£84t.--«|i4 others Jqt a Riot. [6$
Mjeli till fiacb time as Mr. Hntphiiisoo
Ir. Gregory came to acquaint the mayor
Imj kad clio«en a mayor, ami desired bim
Bc nnd hear him sworn. To wbich Mr.
w aaawered, be could not, neither did he
If wliat authurity they did it. AUer this
i^ta a great tumult there, aud some cried
A Gieu» es, A Greaves ; and others, No
Charter, No ncwr Charter, ^veral times
veiie W^tiretl auil persuaded to he silent
l^tt, but tliey would not, hut continued
i^Mikuoiia manner for a ions' time After
1 was at >lr. Mayor's when Mr. liutchiu-
wiHr. Gregory, Mr. Art^.urlliccardsand
Bkkurdii came to demand the mace,
»ipQB Mr. Mayor t<^d them he would not
V itbot to the saa^e authority by whicb
id it, otherwise he would not deliver it.
ims in ttiis company Mr. Ralph lUrnnet,
Mn 81ien»in, Mr. Samuel Smith, Mr.
mm Trigi^, and John Hoe ; tliesc 1 took
iite notice of. AAerwards, wlitn they
Btopradaim the mayor at the cross, there
■dm this Hoc, andShcrwin, aud several
■I^B a great body, tliat the}- could not pro-
■ Ae mayor thorough! v as tbey sliould.
bCwi- Pray what number were they wbcu
^«■eiMo tlie council-chamber?
r^b. There might he fitly of them I he-
. Who was the chief man among
mf-'Wfifkt. j^lr. Saulievcrcll.
IkC J. Hhen they were in the hull, how
Wngb. VWa they were in the hall, J be-
iHiW| wcffcwo hundretl.
Mtihrti, My lord, we rest it hfro ; ^\'c
ftarA^rc^ven a snti'»factory pn)uf as to
^ddcadants namcnl in thr infonuation.
tb* haUciftn* ^Iu.y it pIvUAU v(»ur lordshio,
li KB |S%ailcm<?n ot* tliejiirVf 1 am *■'{ coun-
lilAft case fur the defi*u(!uut> ; nii(!, iiiv
ri^Mtaithstandin^any thii;<^ thutlms bec-n
l|niachc;ie we shait ninkc it piuiiilv to
p», that we have done notliinij: iuit {>hat
ilBihyal good subfccts and honest ii i u'li /iiiui
Sae were tiu- from stirring or incitin^r any
ilaikd disurdir in this tuwn, ui* an\ thiny;
^W^ be csJIitl a riot. And, my* lord, 1
^^' ^le^^e a little to 0|)en thur infuruia-
\%v uiav come to the utKution upon
uf matiL-r dues stand. My lonK Uicy
\ m (heir nifui iiiatiuu chargr:d a turaul-
nbl V upon tlie defendauls ti> disturb
mi ihfr Hiayor upon the new char-
kt this did continue l)y the space uf
k npon thai same duy, a:>d tlicre is
respokcnof any otlicr day; aud so
■Ihfy talk of \% \i\cn hnppcm^d tlie next
r wholly uut of the information.
is anotlurr matter, aiK»tber pas-
km infomiation, about the taking away
^■■MflJin, who was then sheriif.
M| oar case as to that will stand
Jaaaa ifaenif by the ohl charter,
•Jhianr-; and tnei if Mahn were
r, ijknhy the aurren*
(lerhe was out of oflice, aitd was not sherifC
andso the inibnn^Uon fails: For 1 supjiose
they theniselves would not have both charters
to lie in ibroe at one tinpe ; and if they would
have this to bearer the ncvr charter was grant-
(hI, then was nutMaliu sherifl'by tbe new char-
ter. ^ tbat then all the fact that is laid t on-
«-i:rniiig the taking away tbt: mace irom Maliu
that was then sheriff, i» quite mistaken, ibr
Malin was not sheriif then, if so be tl»e old
cliarter was not theh in force, for lie was not in
the new charter, or any way elected or sworn
sheriff: So that therem also, my lord, we think
it impossible for them to maintain that |iart of
ilieirinibrmation. My lord, the next matter
stands upon the assembling and acting of those
(tersons that did assemble and act uuiler the
old cliarter; aud therem, my lonl, it will fall
out thus : By the old charter the mayor is to
bo elected, and take his place on Michaelmas^
day, upon which this fact is allcdged to he;
Greaves was elected beibre this time, upon
the 14ih of August according to tbe usage ol the
old charter. Then, my lord, according to the
coubtilutionof that old charter, a copy whereof
w e have here to produce, if the last inn'yor be not
present, the coroner has power to swear the
new one ; and that will shew that this is tlie
rigrht day, and all things were done by the old
corporation, as is usual and accustomed in
all respects. There is one tiling they say
some ol' these |Htrsons are not of the corpora-
tion by the old charter, and others had uo voice
iu tlic election ; my lord, for that, supposing
they had not a voice In the election, yet to m
there was no crime ; Ibr if a man be a burgess
ui* a town, and be present at the election of
otiicers ibr the town, and d<x*s either ad\ ise or
assist in the election (and he is not altogether
unconcerned iu it neitlicr), this of itself will
make, no crime. Why then the day that was Ali-
chaelmas-day, that was according to the usage;
and the place and pnKincdin^s were all accord-
Jh!!^ to the custom that they always used u]»nn the
oUl charier. For ttrst, they go to the ol<i mayor,
ft'um thence to chui-ch, from thcnt-e to the
council chamber, where thoy used to e^stablish
the mayor that v. as lM*iore chosen ; tliitlier
ilK*y V. eiit, there lliey did elect thi:; Cii-eaves
to be mayor, and v«'hen they had eli.-eled liini to
be uiaycr, he did t;end, aceordinp^ as is proved
by their wiUicsscs, to 'the old mayor, wlio was
then in the hall, to come and be present at the
swearin;jf of tlie niw mayor; uo that still all was
done us is usual accordmL^ to the old charter ;
and if that charter be in ibrce, aU is le<r«d, and
the answer that the obi mayor does y'ive, is
also prov(Kl, my lord, fur the ilcreiulaiifs, all,
besides four, were not iu die hall, but only in
the council -chamiH-r, for any thinj,^ that ap-
pears by the evidence ; hut if the evidenee
be etherw is;p, we ha\e witnesses to prme iL
When we were int!ier<jinui! ebaniber, and the
may or come and bn;u«r! It the charter, we were far
irom opposin;*, but did desiro the new -charter
mij^'-ht he rend, the mayor refused tlic readiug
of it, but took it away with luai| and went
caerciBiQ^ of hts oflice ;
tion is oaite Tarying from the fact* Then I
b this nirtber be«ides, my lortl, ibe i
and mectiii|f, and gpoitig' oo according^ toi
old charter, wa» on the f9lb oC Strptttnoer* I
new charter bears date the 38th ot S^atfmbErJ
and conies down av you see the next .
^a3 !VlichaeIm&s day* at eleven o'ci*
ire have it in proot\ that the surrender 0C
old cl>arter, which they pretend, w«» oof
rolled till the 7th of October after; andi
favour^ my lord, tlie old charter could I
delemiioed, till the surrender «-««
which was not till the 7th day of i
and till that time the old charter conti
in force, it was tit for them to act ondrr it, 1
it did so continue ; and if they bn
their election on that day, they fiad I
in not proccedintf according to the ij
rviy loni, wc will call our exklencc, and 1
out our fact.
L,C.J, Bnt, Mr. Polleifcn^ as to that 1
talk of about Malin ^ Was he sheriff or 1
not sheriff ?
Mr. PoHcjfen. He wasuoiaheriflTi
to this information.
L. C. J. But wai* he shcriffor t)Gt sberilf t
Mr. Thompson, Nut sherifi^ h^ ikm
charter, say we.
L.C^J. But 1 pray answer roe, Was
sheriif, or not shetiff ?
Mr. Polkjfen, 1 Uelieve he wts sheriff I
the old charter.
X. C. X What hod you then to do irith tb
maoef
Mr. Follexfen, Yet say we, you are ma
taken in your inforn^utjon ; forit so be yo
lay it bo an offence, the tjikingf away thef
from Mahn that was sheriff by siK'h a «~
and he l4 not so, then the laturruatiofi
taken.
L, C. X There is no such thing* \
sheriff by such a isharter*
Mr. tovdl. My lord, we do i
justify-
wlock they proceeded
Mj Isf^, tBeoiotrO'
whM m the rifht and
ile^iidmp^ ;
icfife in tills
then in force,
ike old cbaiter to
their mayor, to
lll« oM mmfot to swear him,
the rc»cr must be reg^ular, if so
' ler was still in
rirtss the other
iwful, if that be
pT but what is
H re, and according
tjffe^ce, no violence
■' ' ' ' "*^y ot* these
,ik of the
., ......,c3 mayor^
' which in ekciioLs
it there are but or-
^HeooiidiBgn rnrh ha are usual In thingps
pi ttlHirv^ 1 KtifH.- it will not be construed
i i%oi (♦r breach of the peace, or of-
^i» \\\ lortl, the tjUestions that will
~ mmtion, are those that 1
if so be this mace was
^^ tricnihev huf iner laid it in
i%li;it we did take away froiii
a mace that bel ousted to
lit' his office J if he were not
arc quite out in their infor-
(nmld not be shei-iff by the
w ill be prt tty plain ; fur the
*a\ vva« Kurrendcred. That
*fntrbv the new, is as plain,
.lued nhcnff in it. But if he
th** n*'w charter, yet at this
nly of sheriff, for he
tit.^ ojfioe by the new
'». And there is an
tther the sheriff, nor
'" '' h»m their titCcc,
Now all that
:»ber, of \^|jicii
•^ Ik* fore these
id tlir oath was
*yor, ami where the
' * Hut tlu'v wi:re
r ne^^
'vhort
tHiunciUchara-
Ti thf old char*
■ «tion,
I by
U J or the
L. C. J. Ay, but let bim come here first,
answer the ohjectjon.
Mr. PoZ/rx/^n. My lord, it is expressly
in the begfinuing of the Lnloimationt that ^
was mayor, and that be liad summoned ai)
scmbly to choose a mayor, according^ t*i
charter granted by this kintf ; that tlie
ants did disturb tbat meeting*, and thai,
lion ; and that they did take away
beinR; the en&ign of office, to the said ^^^
of the county aforesaid bflonq'ing, froiia~4
.lohn Malin, "being then one of the sheriflii
the county of the lown of Noiiing^hatn
L. C, i. All thnt is true
Mr, PaUfxfcn. Then they must make it
be ly one or the other charter. We say
vr^9 not by the new ^ they dcoy the old Id.
in beinr;^, anrl ispcdk only of t)ic new,
X, C X Ay, but 1 would fam know of
whether he was sheriff or not shenff.
Mr, Poller, I think they Uiat will chargti
mUi an otitncc, ought to tnak& out thai
Vj STATE TRIALS. S6 Charles II. l684.-HniiI others, fcr a Riai.
L C J. Tb«-y say he u sheriff, and you say
lliiikmff ^-ourselves.
Ir. PoiUif'en. That cannot consist with this
|0Uir quesdon, as I conceive.
LCi. Why now then let us come yet a
Mi farther ; it is said, that such a one bcinjur
WfLnA to he w-as, take it which way you
I «; far if the new charter have no effect till
faiHraiderot'the old be enrolled, then Wild
itijur by the old charter ; and if he was
Wmtf It wu eDough : and then he uvus met
MNBS new mayor by virtue tif the second
Aliv; it is tme it is so said, though perhaps
Wribf to strictness, it could not take effect
\ Jfefaicirolliiient uft* the surrender ; vet what
faiillB lliis ofTeace ? I would fain Iknow of
Ji^ ii it oot true in fact, that he was then
W^,9bA met in an assembly for tlie election
lilinr mayor?
Jk. PoiUifcn. It is tme ; but that we con-
MwiB ootiiuppOrt this information.
LC. J. Then 1 desire to know, how comes
& 8Mbe«'erdI, and these sort of people co
■rile in i:?
lk.folleifcn. I fit be insisted upon that he
iBHVwl^- the old charter, then we hope we
Ik fane aotbiDg but what by the old charter
mwnjatafy.
Lis. frhat had Mr. SacbeTercll, Mr.
UyMi,and 01 V parson Wilson to do there .^
VLhUyffii. By the old charter Mr. ISa-
AnaD n 1 bui^css.
^C. /. if he were, was he capable of
Jh. Mufcii. IIo miifht be present at an
■^^■4 was concerned as a buri^css.
'^LClBat could he meddle vi ith the elec-
^/
Jk.Pdk2f(n. Then, good my lord, what
LC]. Wonderfully done! those thin g^s
-^Oi never answer : in London, for the pur-
Ul^ it VIS not an offence fur any freeman
■pant at the election of the mayor ; but
'i^iMneluffrLcmcn comethut arc not livery-
ttd ran themselves into the business to
raioei, anil «rivc direction about that they
Mkio? to do with, and cry out, pray
pttebools, and pray, good Sir, deliver tiie
t; then tJiev hail concerned themselves
witli an authority to which they
IM pretence, which is an offence ; and if
IVftU busy themselves in that which does
I tliem, they must suffer for it. Mr.
ill, and the rest, were as capable of
advice about an election, seven
! as now ; what reason had they
^li oome and make this hubbub.^ But
I will shew themselves such wonder*
before then: advice is asked or
Xok//. Will your lordaUip please to
li Me word —
iBmefaii. Prithee give me leave : my
• jMi see how the fact does appear
•ridmee, I aupposii we shall uot be
d^«f mny 4imder.
[70
X. C. J. It doth appear very plain; man, it
has been very fully sworn ; it has indeed.
Mr. Pol lex/en. "We hope to satisfy you
otherwise by our evidence, as to the fact.
Mr. Lovell. Your lordship is pleased to ob-
ject that upon us, which doth lie upon us, and
requires an answer
L. C. J. It does indeed.
Mr. LufvelL As to Maliu*s being sheriff. But
my lord, I conceive he was not slieriff; for
if the old charter was in force, tlien he was not
sheriff: for there was a new sheriff chosen
and sworn, before the mace was required of
him : if the new charter were in force then he
was not sheriff; for he was uot named sheriff
in it.
L, C. J. Who chose the new sheriff?
Mr. LoTcU. He was not chosen by any
body, he was named in the charter.
L, C. J. Malin was sheriff before that time,
and was indeed sheriff till a new one was chosen
in his place ; and therefore the detaining the
Mace was unlawful, that is our opinion ; and if
your opinion be otherwise, it is as idle as the
opinion of the new charter.
Mr. Holt. Will your lordship please to spare
me a word for the defendants ? My lord, the
information doth consist of two matters ; the
first is,- the disturbing the election that was
appointed by the mayor, by virtue of the new
charter ; the next is, the taking away the
mace, b<nng the ensign ot ollice of Malin the
sheriff. Now, with submission, my lord, I
think they have failed in the first part of the
information ; for thev have laid it special, that
Wild beinsT mayor, lie had at that time, when
these defendants did thus assemble themselves^
appointed an election by virtue of tho letters pa-
tents of this king ; and after he had so appointed
it, these defendants did assemble themselves
in disturbance of that election, and after pro-
clamation made, continued their disturbance*
Now if this Genas Wild had no authority to
make or appoint this clecrtion by virtue of any
charter, then had he no anihority to make thts
proclamation ; and these defcnJants are not
guilty of this int4)nnation, supposing* what they
did was not ju&tiliuble in the main, yet as here
laid, tbey are not guilty ; for it is not, nor can
be to the disturbance of the election, or con-
tempt of his authority.
L. C. J. Come, tliat has been snid, and an
swcredover and over again. Call your wit-
nesses.
Mr. Holt. As to this business of Malin, and
tlie mace, we did say it did not biflonjLfto him ;
and it is an usurpation upon tlie king, Avithout
authority by any charter or grant, and a no-
velty. No man can have any i-'l-Iiju of au-
thority, but by tyrant from the king.
L.'C. J. * What is thatto ymi* Why did
you take it away ? What authority had you
ibrthat?
Mr. Holt. This is laid to be an affront to the
king's authority, and it was uot, for the very
mace was an usurpation.
L. C- J* Ue was in possession of it, and that
L, C. J. Pray ffo on to your witnesses, and
do not spend our time in vuch trivial stuff ; tor
this is ail stuH', mere stuff.
Mr. Holt, My lord, we \rould make out our
deicucc
L. C J. Do so if you can, call your wit-
nesses ; ue must noi give liberty to e^cry one
of the counsel to ni.'ike speeches of the same
thin^f, over and over ng^oin, and all to no
puKiiosc.
Mr. Holt, This mace did not belong to
Malin.
L. C. J* Yiovf do you know that ? Can you
tell wliithcr the king* had not gi^cu them ouch
power ?
Mr. Uott, It was never given by tlieking.
X. C. /. Docs the king qut-stiuii* them for ii ?
Mr. Holt. We will prove it uii usurpation,
«nd can sliew the time when it was first
usurped.
L, C. J, This way of lu'huviour by riots,
looks more like the times of usur[mlion, when
nbliles meet to meddle with t;'overnment.
Mr. . My lord, I desire to offer only
one word that has not been yet said.
L. C. /. No, I will hear no more speeches ;
call your witnesses, if you have any : sure you
take yourselves to be m your eommou-halls,
and council-houses, making sjKkiclies.
Mr. Hoit. Call Edwara Higley and sir
Thomas Parkyns.
Mr. Polkxjcn, May we read the old charter,
my lord ?
X. C. J. Av, read what vou will, and offer
what you wilf in evidonce lor yourselves ; but
let us not ha^ c 9iich docirincs preached omong
us, as settling govunimeuLs, Liid trying rights,
by club-law.
Mr. PMxfcn. God f^^.rbid, my lord, 1 am
sure noliodv here drsiivs nn^' >'ucii thing.
Mr. i/o/?. S'.vcarLd^*ai(ini-;;ry. [Which
Was done J
L. C. J. WoV, \vhat dv you ask iMs man ?
Mr. Hi)U. [Showl'i'x I''"-" »'» pap'^r-book.]
Is that a tmr copy of t^c oM rl-.artcr ?
Highy, Yes, it* is.
Mr. Follcifcn. Wc desire it mn.y be re.id.
J-r. C. J. What would yon read' it for?
Mr. Folic r/en. By that it will ajpear the
election was* regular, acc<»rrrmg to the olri
cltarter, whicti we say is sllll in force, and so
we in no fault.
X. C. J Shan we enfa* iiito a <]ueBtion of
that nature here, which 13 in force ? No, wc
will not. Why did yon commit this riot?
Answer that.
Mr. PoUofcn. Uy the old charter, my lord,
the mayor and burgesses are to elect.
L.V, J. Ay, Mr. lH>ll^efi, and you know
the old charter of London, was to tne mayor,
comiiK>Aalty, and citizens of Londota, to cbooie
sMyor; tnA We kiio# Ihtt the imyor, cotn-
71] STATE TRIALS, 96 CHARLfei II. l684.— TWrf cfl^'m. Euclieverttt,. f
18 the same thing as to you, whether it be of monalty, ind citizens of I^idon, haVe 1
right or not? Vou never pretended to keep it chosen a mayor this many hundred of yen
for tlic king. We know very well, that that election is tm
Mr. Holt. If so be they omong them- by livery-men : now yon come and say, pr
let us see how it is by the charter ; why
well may nul all the citizens of liondon cm
I lo be at the election of the lord mayor ?_ If y
I can shew me that heretofore, before this tin
j that there were other persons th&t used to
prese:it at elections, you say somewhat : boi
you have only an ancient right to be prcse
and they have ravished this right fVtmi yc
you hnd\l')iic exccoling well to have ftsserl
your right In a lrp;al com-<;e. But do yon IM
you arc to regain your rij^ht by club-law, 1
throwing up your hats, and noLve and rio
^aiid opposing the king's authority ?
Mr. Pollfjfen, My lord, we were never i
opposiu^ the king's authority ; we never wi
against til eking?
Jubt. Wit hint. Who was that against, I pit
when, you said, No new charter, No new chi
icr ? VVas not that against the king ?
Mr. LtnclL That was none of us whocri
out so.
X. C. J. Who knows in a croud what pen
in particular makes a noise, or docs not ? Y
w« ni where you should not have been.
Mr. Pollexfen, My lord, we pray the ofaaul
made to tliistown, in the reign of Henry
which provides, that the mayor shall be chpi
by the onrgesscs, and sworn by the prerodii
mayor ; hut if he was not pre^nt, ke shoe
b<» sworn \rj the c<>runer. Your lordship 0
jects the <*asc of the livery-men by the dty
London ; tiiat is by virtue of a narticnhir h
law : but in our ca*^, the old cliartcr haW
prescribed this nietiiod, you will not take it<
of tliat method, without their producing 801
by-law for iu
X. C J. Yes, yes, we shall go according
the constant usage within memory, because 1
will not, u)Mm this inf urination, *try the rig
one way or other, f^hew us I)y the u.«a
that therc was a prctenrc f'rr suel! (versons
Mr. Sa»'he>'crelU ftnd the oilicn; here, to
present at the elections.
Just. WiC.ins. In this ca?:^ it shall be p
Rn::.:*d t':.r«» wp.-; a by-law.
I**;*. J'-.iiUrfcn. I hope you will presm
nT,;lii;ifjlo iral:;^ us frtiiliy'of a crime ; th
ought*'* A^tyw lh»' by-law if l!jcy have any.
X. C. J. "1 think we neeil not trouble ot
stives nlK)ui that, what by-laws have be
ma'fr' ; but we find these ;7?rsons in possesd
of this u«Kige, and so they havtibeen for tin
IR years past.
Mr. Pollexfen, My lord, that will not tal
them a title.
X. C. X We will not allow the right to
tiied upon this information.
Just. Vilthins. Mr. PoUexlen, wbat do y
speak of stvtraring by the coroner ? That cot
not be in this case, for the old mayor n
there.
Mr. Mhrfin. Not it <he
Grearei.
STATE TRIALS, S6 CharL«S IT. 168^4.— wrf tihcrsjor a KM. [74
fkracelL MV lord, I wmiW only ol»-
le iliing ; tb« ciime ch&rgf(*^ i)p»n iiR,
B«t departing after the prodiinrn'tfoii
■ow I do not observe that ffaoy |ivove
Sbcbeverell was ever there a/ter the
7. I thought indeed you wore very
I were so ea«j;er to spt^k ; but your
lOD is very much in the wroricf, lor tlie
NHtire that Mr. Hacheverf iT and the
le ooin|mny staid after ; hut because
U observe' it better, call Reynolds
ftu were so i\ill, you could not let it
yea fvere tapt. Reynolds, upon your
fyou make proclamation tliat ull iier-
Ivfere not snniinoned, or were uncon-
ilhe ri«!ction, should depail?
ddb Yef?, my lord, I did.
/. Did 31 r. iSacheverell, and the rest,
pe aftemr&rds ? — Reynolds. Yes.
hnAirpf . My lord, the mayor I' think
heM not summons any one : tlie in-
■ is laid, that there was an assembly
^wmed and called before him.
1/ He told you he sent to Alderman
,nl Edire, and two or three mure, to
Rj and bear the charter read ; and he
toflBjemt Bii^land, and he was huffish,
llrtrffckim uiraselt' concerned in the
hMK: lor it seems hu was notcontinuH
Mhi rf Teoorder by it. lie tells you
miMvwas read to them, and with
Mh liAit read it, did go throtigh with
i^lrvto mistily interrupted by the
[taviimade by the defendants and
SPHgtti proved tirat there was an
■MiiBoned before hi;n, sure.
ilkttiaf. Mr. Stanhope, do not ^'on
Mm^ that he sent to church to summon
toons to him, and the v would not come
b«MfiN'them?
^Utrftn. 31 y lord, they should pro-
Ikvew ehartor, 1 humbly conceive.'
t/. I ten you lief ore hand, we are n«t
#1 validity of the new charter, or
L hi whether you are j:uUty of u riot.
BpU. Ny loril, if they were in po.^srssion
linenil>y their new churtrr. tiMy should
hnoew eliarter : we ^!l?».!I i.l-fW you
to the uiavor (::i(l biu'^fCHKCS
fCm
Cn you shew a rhartt-r that the c!e-
ivor, ahlcrnien, aud hur-
mk. Kwcar l.i'ke Oldham [W^^c^li
Hl^ Look over that hook, Mr. Oldli;mi,
Tliii B a In 10 copy of the charter
led at the Tower.
When did you examine it ?
*tnftot tell yon the particular day,
Itov iMig ago is it that you eta-
(=a twelve- month ago.
[liiy iwH liith, b it m true copy?
Oldham. Y^ I read it over three days a^.
Clerk reads. This is dated of 'H. etii.
Ju;^. U'iUiins. Where would ycu have i|
read ?
Mr. PoUexfen, We desire he may read that
part of the incorporating the town, and the power
ofx-hoosing the mayor.
Ckrk. Whereabouts is it, Sir ?
Mr. PoUexfen, Folio 81. [Which trai
read.]
Mr. Holt, Call sir Thomas Parkyns. [Who
appeared, and vi as sworn.]
L. C, J. What do you ask this gentleman ?
Mr. Holt. Pray, Sir, were you by in the
Coundl-Chamf»er at Nottingham on Slichael-
mas-Day was twelve-month ?
Recorder, Pray, Sir Thomas Parkyns, let
me ask you one question ; have not you laid
out any money in this cause i*
Sir T, Parkyns, No, 8ir, not that I know of.
Mr. Stanhope. Pr?iy, Sir, were vou present in
the council-chamber, when Bft. Wild, the
mayor, was there; and did you sec Mr. Sache-
verell, and Mr. Hutchinson come in ?
Sir T, Parkyns, Yes, 1 was there.
Mr, S/ an hope, l*ray, how did they demean
themselves there ?
Sir T. Parkyns. Vvry civilly, for any thing
I flid perceive, without any dLsturbance to the
court, or any body else.
Viv. Staiihopf. 'Did thcy u»e any gestures^
or behaviours, to occasion the nuyor to go
away ?
Sir T. Parkyns, Not as 1 know of at all.
Sir.
Mr. Stan hnpe. Pray, Sir, will yon tell all
your knowledge how the thing passed ?
Sir T. Parkyns. I understanding there was
to be an election of a mayor for the town of
Nottingham, upon l^Iichacl mas-Day, us has
been accustomed time out of mind, a Tcrv long
while, as I have been informed, at the cliurch,
1 was there, and went to the usual place in the
chancel, and there we staid iome tin:.-* till at'ttv
prayer ; and alW praver there was notice of a
new charter coming, hut then ! believe it was
not come ; but, as they were called, the old
charter-men, alderman Greaves, and the re-
corder, Kerj(»ant Bigland, and alderman Edgi»,
and sev.'Tal others, forty, I beiicvi; 1 could name^
did s< nd to I\Ir. Wild, the mayor that then was,
and Mr. Rippon, and rtthers, who were then at
the town -hull, and desired them to come up
to the chuncel, a.s I am informed, in ordiT to an
election of a new mayor : but thoy did not come,
but, as I heard, they Kent word back again, to
desini aldernmn Greaves, and the rest, to come
down to the Town-hall, which acwnlingly
was done.
Mr. Pollcrfen, An<l wlnt happened then!'
Sir T. Purkynf. I wasthtrr.ilong with them,
and went into the Town -hall and so intu a room
which 1 conceive tluy call th»: council-chann-
licr : and there upon Sfneml di><conr8es, there
w< re some were for goin;^ to voting for a new
mayor, and there wi«rc some that did say, they
had a new charter, and thev must have a to»ji:
g
75:
STAR TRIALS, S6 Caaslbs IL l6S4^TrM^ Wm. Saektwerd!,
aciwrdn^ to tint nev dttrto-; wibereoi^a
Bf9 «fisv<r. 1 U^ik^ nni^ io tint : I ^ fsetbe
ttiit*;^ ivry UkJfi wM ti»^ i>ear cbwr is a b«z :
I Uti'jk it WM to, Urt 1 4ij4 not M^sit cptt.
M/. Ccnif , IVs it wu AM read while too
wtr* tJ»*;re ?
K> y. Parkynt. 1 did not heir a word of it
md ; hot i thuik there was aldcrnian Edzedi'i .
•av, I 'i'i DM kaow bow I a^n to act bv tue oew
ciutfter, but 1 ondcntaud what I h-ave to dv by
the old ch^rtw fen well, therflcrrc: wc w illfwo-
OKd to the eiectioD of a &evi mayor ; mod then
upon that aocouot they did go to rodog, and
wv^raJ totes there were for aeveral persons, as
SrticuUriv for Mr. £d|^ bimseif, and some '
r Mr. TiifJady, but the most for akferman .
Greaves ; abd,' ^bco they did nDderstaod,
as I c^ttc^ve, th«t aldermaa Greaves had the \
majority of votes, then they did rise np, and i
weat away.
yiT.Pohifen. Who did? i
Hir T. Parkynt, The mayor, Mr. Wild, and I
alderman liippon.
Mr. Stanhope. Pray, Sir, did the mayor stay
all the while the Poll was ?
Sir T. Parkynt. He was there, I am sure
while thf7 voted ; that Lam certain he was ; I
oaonot say he was there all the time.
Mr. PolUrfen, Did he oppose tlie election ?
Hir T. Parkvm. No.
Mr, Pollej/en, Was there any prodamation
made fur any-U>dy to depart?
Sir T. Parkynt. None .that I heard of.
Mr. Jlutt. VVheii the nrw charter was pro-
durrd, wftH itdesireilby any -body there, that
it nii{;ht bi* read ?
Hir T, Parkynt. Yes, Sir, there was some
thatdiMinxl it mi (^ht be read.
Mr. Jajv^U. Why wa^ it not read?
Hir T. Parkynt. I cannot tell that ? but I did
heortliey should shew Mr. Kdi^c his name in
the new charter ; and they did believe he was
ontjnucd in hiit place, and I think Mr. Edg^re-
plied he hail bis niareby the old charter during
Lie ; and by that charter he knew how to
act ; he could notti'U what he was in the new
charter ?
Mr. FarcrtclL Pray, Sir, did any of the old
chartiT-men oppose the reading of the new-
chartfrr P
Sir 7*. Parkynt. No, iudeod, Sir, not that I
know of
A. C. J. Pray, Sir, let rac ask vou a ques-
tion or two, you arc a burgtss of this town,
are you not 1*
Sir T. Parkynt. Yes, my lord.
L. ('../. How many years have you been a
buiifChH ?
Sir 7'. Parkynt. Several years.
L. ( '. J. WfM'c you ever ut an election before ?
Sir 7'. Patkyns. No, but I hare been at se-
veral of their mWtinf^s.
L ( '. J. How came you to be there at this
timn?
Sir 7'. Parkynt. Upon no invitation hy uiy
body, but upon my ownacoord.
LCJ. Hov<
tiMemofelfai
t»r r. Pmrkym, Truly, bt lord, I
OBSv er von to ihaL
L. r.: J. No, I Wfiere noc ; bet 1
ask^oaaiMhcrciKStioc: wijoearethcu
thai? *
Sir T. Purkyni, Serenl gave their m
L. C. J. Did yov give any voce ?
^ssT T. Parkwmt. No, my' iord, I gi
Tote.
L.C.J. What did yondothere?
Sir r. Pwkyrj. There were several
^eatlemeo of the couptf^ there besides i
JL C. J. A J, there vrere several tbcf
hadnothinetodothere^aod which shoi
have been uere : did not yoa hear any |
m'ation m^^de at all ?
Sir r. Parkyiu. No, my lord, 1 did n
L. C. J. Did yon hear no crying out
conacil-chasikber, A Greaves Biayor, A G
31avor; No New Charter; Ko New
ter!
Sir T. Parkyns. I dki not hear any i
at all.
JL C, J. Did yo«ihear nothing sakl, Pn
the books, pray stav the books ?
Sir r. Parkyns. Ko, my lord, I did no
L. C. J. Pray, did you observe any tl
the workl aboat 'the maoc there ?
Sir r. Parkynt. Yes, I di<l.
L.C,J. Pray )etushearthal»lbrl>i
did not hear a great deal, nor any thing i
that other peopte heard ; now let oi 1
you did sec ?
Sir T. Parkynt. The old mayor i
with two of the maces, I think, and
lell behind; and presently after comei
Mr. Malin, and demanded the other mac
L.C.J. Of whom?
Sir T. Parkyns. Indeed, I cannot id
lord.
Justice Wit kins. What answer was gi
Sir T. Parkynt. There were several
not tell the particular names, that sak
hud as much interest in it, as MaUn :
luace ; and the reason was this, it was I
by several contributors.
L. C. J. Who was that said so ?
Sir I*. Parkynt. Indeed, my lord, I <
tellparticularly.
L. C.J. Alack -a- day ! now we have
all again ; pray did not you see the
called The New Charter as you ezpresi
Sir r. Parkynt. No, I did not see it
the box.
L. C. /. Did you observe when Mr.
called to read the charter ?
Sir T. Parkynt. No, my lord, I did i
L. C. J. I mean when he spoke to m
ther Bttfland to read it.
Sir r. Parkynt. My lord, I was tM
the beginning to the end. If yon please \
me, my lord, I will answer you to wfai
ask me : I think the mayor, Mr. Wil
spetk to-seneant BigiHMly ead aske
•omethiag or adrioi^ MH wliel it wm>
Tl} STATE TRIALS, S6Cmarlei II. l684.— awf others /^ a RioL [78
B*l tHI ; it WIS wimeihtns' cobc^nin{it Uie new
»dlKB»1ilclianc( " bud ail-
fv«reii Jhiio. Do \ < , or us
^i^umti^ * ' ' itii^- 91 VM. I ^I'tv MLisniinle.
Mr. This geDtkmao, my lonf,
Rt€9f4er. Ditl you nee any stniggling about
Sir r Na, T did ool. Sir.
iZff9 * anie Soiimer tu leave the
I dn not know, I cannot
Dkf yuu liotr any ttiing said by
NO| I do not.
j^A.rtj. Dill not he say. Hold tUe
" books?
N<n I do nQt remi'mbfT it.
Mr- iiiiU, Km^did you tftoy us long as 3lr.
thc^ci-dl staid f
1\ Parkym^ 1 staid as toug^ a9 they all
iiaUamay* Didyoa obscnre no noise
ic. No* by my soiil» not L
^ Thai IS 81 range.
Mr. Hafr. He vims not iu the hall where the
he be in the next room,
■Ah't
f'L / ', '0. My lord, I taid 1 waa in
e|iice called the council housa, and I did
iPtm tan ilieir alt went uut tofi^ier.
lUtm4tr, <Va» not you ail the prociamaiion
<^tb«iBftofIacei' ttud wasthifreno ibrow-
iiyiyiar hau?
ivTpPnri "^ V*><, they did, vthen Ihey
nd God s- ^^» ihe poople sakl Amen
tiildww ii|
iff, Sivmhpf^. Fmy did jou h^ar 31 r. Sache-
ftrvQdMtre ihein to be qiuH and iMjuceable?
r. T. Pitrktmt^ Ytfs, I did so.
[JUCX Diii ynu hear Mr. Sachefrerell
I k«» apokr to th« mayor in the hall P
f T* J^arkyn^* Nu» 1 w^s not iu the baii
L J. Did you hear him U'licn hettpokc to
^ '^ council chatnlser ?
Not ihflt 1 do recnemlior.
^^. You say you liciard Mr.
k to thtni ID be quiet and
frkynt, N(\ not there, but it was
l"% own house,
HoUituay. Waa there any ii[>roar
Purkifux S*u my lord, but I will tell
yniha^ was K mulntude of peo))!*^ thcr^', and
i pv9^ deal t»r ndild<- Uke to be, and Mr.
^iicWfefatid<^r«Hl the j«*opk' to ^f:^ their bu-
aaoK mth all mod^'sty ; and 1 think tbi«re
ivnir.waaafi gremi a numbvr of iieojdw that
4ft!r earned tlirmvelves more civ illy than they
M, I iUd not hear, by the oath 1 ha\ c taken,
«%aastgry pammate word or any thijig ot that
kiad.
Hecorder* They wet^ all of a sidetbeiL
]\lr. Stanhope, Were you by when Wf*
Hiitcbioson waa sent^vith fir, Gri^ry ? What
was hcseoi fur?
^ir 1\ Parkynt. I can't tcU that, hilt f did
lieur they did go.
Mr.Shmfwpt. Was he sent to demand, or
desire tl»e mace ?
8ir T, Farkym. Indeed Ican^t tdl how i
waa.
L. C* X He can tell nothing ?
RcconUr. I believe ho was worse frtght*
ed than alderman Parker, he lia^t forgot all.
Mr. Pollejfm, Swear Mr, John Thinn; •
[Which was done.] Pray, Sir, were you (ire*
Kcnt on MicbafhnaH-duy, at the election of th#t|
mayor of Notiino'baml*
Tkimt, My Ion I, I hear there are seireral
gentlemen indicted for a riot at that time, I hope
i &liall receive no prejudice for giving my m^
formation here.
L.C.J, What do you mean, Mr. Thinn?
Thinn* BIy lord, I uuder^tanil by some per*
sons, that there is tike to be im in formation i^
brought against me, if I give my evidence a
here.
L. C. J. Prithee, man, we know nothing at
all of the evidence or informatioQ ; if you will
evidence, you may.
3Ir. PoiUjftn* Pray, ^r, were you present
when thi» matter was trao^ctin;; Jn Mivhael-
maa-dny?
Thinn* I happened to be in tbe country all
that time, about a bustneas bt'tween Mr. Edge
and myself; we me oopanncr« in an estate,
and we were then upon a partition; and oq\
Micliaelnms-day 1 went to church, and beiiig^\
at church, and sc^^jog a great deal of company
in the chancel, 1 went to sec tljc usual cere-*|
mony of chootiing the mayor, and so ibrth. I
was there tlien, and while 1 was there in the <
church, I itaid tb<!rti near an hoar, t believe
after prayer was done, and there was an ex* -
peciation of the old mayor, and others, toi
meet together upon the ekction, but nobody
came : but al last there was some message
came dotro, I know not by whom, nor from ^
whom, but the general vog'uewas, that it came-'
from I^lr. Wild the old mayor, and tliai ho had
sent down to desire the company to come doua
to the hull, but I cannot say who bmoghl the-4
message ; and upon this, all the com pan v went (
from the church, up to the hall, and 1 went
with alderman Edge, who was the person I
had business with ; we went through a great ''•
room, the town-hall, and then there is a little |
room within, I think they call the couneiU
cliamber, and a great table within a rail, asf
this may be ; and I remenibcr I sat down be*
hind the alderman : I could olifterve nothing (
heat among them at aJI, iior tlie least wt>rd
that 1 observed, of jangling. There was a bo«H
upon the table, which thiiv said was the new^
charier, but it w^ not read ; but Mr. £dge wAa 1
olfered to read hi<d own name, to shew that he |
had power to act in it ; but he did not know
how far he might act by that^ aad therefore he
79] STATB TRIALS* 36 Chablbs II. l68i.— TVto/ oj Wm. S$ckev^U,
was proeeediDgto twetr the officer aooordiog
to the old one.
Mr. Polltxftm. Was ibore any cry, or any
noise there ?
Tkinn. I do not know that I beard any one
say any harsh or ill word ; tbera was not so
much as a shout.
L. C, J. Did you hear any hubbub, or tu-
Tkinu, No, my lord, not in the room where
we were.
X. C J. Did you in any other room P
2%imu I cannot tell that, there was a gveat
many people about the window.
Mr. Holi, Did the old mayor, Wild, sUy
there white they elected Mr. Greaves?
Thinn. lie staid there some of the time.
Mr. Siamhepe. Was he thei-e all the while ?
Thinn. 1 camiot say but that some of the al-
dermea staid all the time, and some of them
iTiFe their TOtes for Mr. Greav es. '
Mr. Lovell. What did EAge do ?
JTunn. He took the. poll, and to the best of
my romembranoe, alderman Parker, that is
«Be of the aldbrmen that has been here, gaFe
his vote for Mr. Edge.
Mr. Loveii. Did the mayor, Wild, stay till
the poll was cast up ?
X. C. J. Poll, we hear nothing of a poll ;
Who gave you authority to poll ?
Mr. Lovell. He that was in the new charter
appointed mayor, yet sui<^to see the election,
and then went awa^r.
Mr. Foliexftn. 8ir, did you hear any pro-
clamation made in the council-chamber ?
Thinn. No, Sir ; I came from church with
Mr. Edge, and the rest of the gentlemen.
X. C. J. Were you there when Greaves was
sworn P
Thinn. Truly, my lord, I don't remember
ihat I was.
X. C. J, I desire to know by what authority
Mr. Edge swore him : let him k>ok upon tlie
statute of Praemunire, and consider wiih him-
self about it a htUe.
Just. IViihins. As far as 1 find, this gentle-
man was not much concerned, and did not mind
what was done.
ThinJi. No truly, Sir, not I, much.
Mr. Ilolt. Did Mr. Sacheverell go with you
or stay behind.
Thmn, We went all together.
Mr. Blencow, Pray su ear Mr. Pole. [Which
Fas done.]
Mr. Stanhope. Pray, 8ir, were you in the
eoupt^l-dbamber at Nottingham on Michael-
roas-day was twelve-month P Pray tell us what
happened there.
roU. I have lived in Nottingham about IS
years. I used to go and see tJie uiiiyor and
other ofiicirs swufo : upon this day 1 n as at
church, and they went to prayers, and after
prayers were coded, 1 think there was Mr.
Gregory and Mr. Hutohinaon, as I toke it, sent
by soittB to dcsicc.the mayor, that was Wikl, to
) W ichMwh, that they micht pitNMBd to «a
tMSQsriiiMr ^ ^ aU dhiKtoi:; bul wbai
answer was returned I cannot say :
that, as I take it, there was ddermi
aind alderman Rippon dU come and
the company, and said the mayor dcs
to come down, lor they had the nevi
and he was to have their advice how t
upon it. While they sat there, I wa]
the church to the town -hall; and ;
while the company from church car
town-hall : when they were there, tl
desired serjcaut Bigland's advice hov
ceed upon the new charter ; says he
desire my advice as recorder or as
and I tlkink as to that he gave no anst
like question he put to Mr. Edge;
Edge referred it to seijcaut Bii|;land'
and I think it was a very good one.
while, some of the company that u
the electors of mayors and sheritFs,
the clothing, cried, let us go to the |
I think Air. Edge began to take the
there was several that did vote, but
the general cry of those that were ii
the new and to the old charters. 1^
were in the new charter gave their v
not for Greaves ; 1 do not remember
did when the poll was taking.
X. C. J. Who directed the poll, prs
Pole. I tliink it was some that wer
old charter; but I think it was the gc
sire to go to the poll.
L,C.J. Who took the poU?
Pole, Mr. Edge took if.
Mr. HoU, Did the old mayor pro
electiou, or the new mayor, or uo P
Pole, No, 1 do not *know he pro
but it was put to him.
Mr. Stanhope. A\ as he present at :
tion f^-Pole. Vos, he was.
Mr, Stanhope. Was he|iresent \iltc
was taken P
Pole. Yes, he was.
Mr. Stanhope. Did he contradict it
Pole. I cannot say he did contradi<
X. C. J. How many of these elect
}-ou been at betbre.^
Pole. I was not by at the nominati
I could not be, Ilot they excluded all
that had votes.
X- C /. How came you to be so I
be there at this tiuie ?
Pule, I went of my own accord ;
desired by auy lx)dy, any more now tl
years, but used as much as 1 could to e
to be at the swearing of them ; lor
eluded all people usually out of the
where the election used to be, if they
of the clothing.
Mr. Stanhope. Who gave the oat
person elected usually P
Pole. The coroner used to give tL
his oath.
Mr. J^avell, Who used to take tb
other electipus?
Pole, I canout say who took it, iis
were exdudod the obanodi ; but it
reputed that Mr. Edge used to take it
STATE TRIALS^ 3G Charles IL 1684.— tfwef qthenjor a Jlkt. [82
^Vlkocame to fclcb \ott from
Blemtom.
f
Bok* f lliiflk ildertnan Ripjmu and aUter-
wam Pirier dtd desire ihem to come to the
\gmm4aa\h ^m\ I think Malio was tSwrc^ bat i
^ CMmot tell ^\\%l he said.
^H Mr B/rftCi>9L\ Wbo was at church then ?
^H L. C J, Prmy, were you dm red to come ?
^KP«^. No, 1 wa» not.
^B JL C /. Wat Mr, 8adieverell ?
^r I^( N*>, ! do noi know that he was ?
Mf . Stutihajfc, When the^e g-entlcmcn came,
did they beh:ive themst^lres civilly f
/>ofc. V'e»; I «*w nothing hui civil hcha-
Htm : there wis a great concourse f>f people^
IbdifT^ most of the well-wishera to tlie otd
•ftl sew diarter were there tliat day.
L. C. J. Can you say you did not hear a
|Rit iltal of ooiiie and hubhuh ?
JMi. I eaODot say so. tior truly can I say
L C. /. Do you heliere you did or noi ?
B^ But I believe I mit^ht hear aotne
mm\ but 1 was in the council -chamber , not
ial^bilL
JiflL HUtam&f^ Was sir Tli omits Parky n&
♦•wf— i*o/c. Vea, he was.
i.C /. Wis Mr. Thiuu thet^ ?
1^ Vc«« 1 think 1 sat next lum i^heii
fSuftamef^m church: 1 did desire to §ee
fhe fr^iOBcdiii^ of ibeday, and 1 tlitnk f dined
wHk iha camjiaoy, and went in with the first.
LCJ* Did you see any thing ubont a
BqU. Vfs, I think 1 did nfeaomething about
It.C. J* Wby then prithee tell lue, as near
at tto caa fiie«, what thee didst see about
Afe. Whea ibey went out. Wild and his
y, themijm was full of company ; and,
t, or wbtiever it was that
t the mace behind him ;
fur the mace, 1 think
^ntlemen of the council
Mid would not let him
, who was that one gen-
"%tiif e, 1 believe it tnigbt
ultatprit.
tMlatakc I
iflt aasoi
^ QUI ii iixmi
LC.J, A-
J>^ 1.
kit rfHrJ
t ( jiriihec, wilt thou tell me that
ti, no «hutitm^, nor nnist^, nor hubbub ?
ihU* Id the C'jiuitil chamlicr, i am satiiii-
i Mb ta myself, I heard none and believe
kj none; I will not say there was not
Itks ha1i» for I was not there,
Joti. Hollmray. Did ytju hear any one cry,
P«^ ibeve was at tliat time a dts*
.^ ,.-.ijk8.
lJL C. J* Ay, tell mc now who tliai dispute
amoQf the gownmen
,fak, I 1 is
|L C. J. \4iu aay well, name ma some of
p0k. V cannot, iiidee>d, ray lord, name any
particula]- person.
Just UoUowuy, Did yon liear Mt, 8ache-
Tcrell speak any thing about ihe books?
Pole, I think I did, I believe it was one uf
the ctothiog.
L. C. J, Prithee, canst thee not gue» who
that man of the clothing waa?
Pofr. ff 1 do guess, my lord, I cannot speak
positively.
X, C'/. Prithee, do not sav so, 1 know ihce
canst if thou wilt, come, recollect thy meraorj'.
Pole^ My lord, I would remember it, and
^X the person^ if I could, but i canuoL
I. C, J. Hut tts near as thee canst guess, I
know thee hast a goo<l gnef» with thee.
Pole. Indeed, my lord, I cannot.
Mr. Powit, Did you observe that he did any
ways concern himself about the election, 3Ir*
Hacheveivll I mean 7
L. C. J. What did he do there, Mr* I*owi« ?
he WBS present there.
Rti£ord£r, Was not he the head of the oW'
charter parly ?
Pole, The oh! charter people t(wk it that the
surrender had t>een 6urre[Kitiously obtained, and
1 think he might say they had a good right to
insist upon the old charter.
L, C. X Who said so ? Mr. SacheTCrell ?
Pole, i believe J did hear hiua say soraeihing
to that purposf, b(Tt I cannot positively say
what ; 1 dare not undertake to say what par*
ticular persons f^pokc that day.
RecortUr, Was not hrfor reading of the new
charter, upon your oath ?
Pole, I cannot tell whether he was or no.
Recorder. Did he not bid the people be
quiet?
Pole. I cannot say I heard any such thing.
Mr. Ward, Did not you hear him say any
thing to the mayor when he came into the
council -house?
Pole. No, I did not.
5Ir. Ward. Did not you hear the Serjeant
make proclamation for all people to depart that -
had no business there ? — Pole. 1 did not.
L. C, X What say vou, Reynohls, did you
make proclamation in the council house by the
mayor's direction?
Rei/noids. Yes, I did.
L. C. J. And yet you said you staid there all
the liiue.
Mr. Blencow. WhcD the shout was in the
hall, pray, where was Mr. Sacheverell ?
Pote. He was in the council-chamber : tha
occasion of ihe shout to be in the hall was this»
when the poll was taken, and the majurity ap*
peared to be for Greaves, Mr, Kutchinsoa wa«
seut to acr|uaint tha mayor with It, and to de<
him to come, and be prefeot at the swearing of
him,
X. C. J. Who sent him ?
Pole. Mr. Uutchittson and they can till
themselves.
X, C. X But who do you say sent him ?
PoU* 1 ctii*t tell particulany, they caa beel
tdl.
G
83] STA'IS TIUALS, 36 Cuablss H. iSSi^TUU of Wm, tMunrM,
L, C. /. But who told yoa so ? or did way
body tell Tou so?
. Poie, I was told so by sereral persons that
fi'(ere sent
I. C. J. Prithee, who told thee ?
Pole, I believe I may have heard it from
hiimelf, that he was sent.
X. C. J. Who did he tdl you sent him ?
Fote. He did not tell me who particiilarly.
Mr. Fareu'cU, My lord, I desire to ask Eepr-
nolds this question ; Who was there besides
that heard you nmke the prodamatiou ?
tUynoldt. The mayor was there.
Just. Hollanay. They made such a noise,
that perhaps e?ery body could not hear it.
Mr. Pollexfen, Pray swear Mr. Slater.
[Which was done.]
Mr. Holt, Were you in the council-cham-
ber on Bf ichaelmas-day was twelTemonth in
Nottingham P
Slater. Yes, 1 was.
Mr. Holt, Pray, give me an account of
. \f bat, passed there, and what you observed.
Slater, I was at St. Mary's Church with them,
and came down from the cb urch with them to the
council- house ; and when they came, they went
in(o the council-house to the mayor that was
then, alderman Wild, and there they went and
staid some small time : and then the mayor and
aldermen came out, and came to the common-
ly and staid a pretty considerable time ; and
wsa came Mr. Hutchinson and Mr. Gregory
to his worship, aqd told him, and it please your
f^orahip, the council desires yon to come and
hear Mr. Greaves sworn mayor; and at that
word, the mayor replied to them, that he would
oome to them presently, if they should have
done there : so presently after some cried out
A Greaves mayor, a Greaves mayor ; and al-
derman Rippon and others bid them hold their
tongues, or it should be worse for them ; but still
they cried, A Greaves, a Groaves.
i. C. J. Where was that?
SliUer, In th^ common-hall.
Mr. Pollexfen, What the bnrgesscs cryed
out so, did they ?
^ater. The people in the hall.
. Recorder, Was not you one of the shoutcrs?
Slater. No, I did not shout.
L. C. J. Were you one of the clothinsr, une
of the council of the town ?
Slater, No, my lord, I was not.
. £. C. J. What business had you there ?
Slater. I went to see, as others did.
Just. WUkint. What trade are you?
Stater. 1 am a taylor.
Just Wit hint. Do you use to go to church ?
Slater, Yes, Sir.
L, C, J, You say the people did shout, A
Greaves mayor; did vou hear them among
that shout, cry. No New Charter, No New
Charter?
Slater, I cannot say any thing of that.
L. C. J. Canst thee say thou didst not hear
any such shout ?
Slater. For my part, I can safelv say I
heard nothing of it. Then I see aldemuui
Wild take a book in his hand, as to tak
oath, and then there was a shout, A Gra
mayor ; and alderman Paiker went oflTi
the bench, and saidi A Riot, a Riot.
' Mr, PoUejtfen. Swetr Ro^rRyley. [W
was done.]
Mr. Holt. Pray, were vou at the electii
a new qiayor at Mich|UMmas-day was tv
month ?
<Ry'^« I was at the first nomination, in
was the 14th of August
Mr. Holt. Who was named then ?
Hi/ley. Mr. Greaves.
Mr. Holt, Is thet the custom of the tm
nominate him before ?
R^Im, Yes, it is.
Mr. HolL Were yon there on Michael
dey?
Hyley, Upon Michaelmas-day I wasi
nioued in upoa the clothing, and then
new mayor went to the old mayor,* and «i
there a long time to go with him to |
church; at last theoU mayor would n
but staid waiting for « new charter ; a
went to church and heard the prayen
^m the church we went to the ball aoooi
to custom; and there was the new n
there, Mr. Greaves, and he was sworn n
there.
L, C.J. Who swore him?
Rylof, Alderman Edge.
L. C. J, Did you ever know him sir
mi^or before P
Just. Hollomay, Did you ever knc
inayor sworn betorein the absence of tb
mayor?
hyley, 1 have known many, I have hei
the council these c^liteen years.
L, C. J, You say you he^e been o
council these eighteen years ?
^y^fy- Yes, I have so. Sir-
L, C, J, And have you been present
tlic new mayor has been sworn ?
Ryley, Yes,! have.
L, C. J. And do you. know that the
mayor was. sworn when, the old mayoi
i not there?
Kyley. I have known many sworn, I
but I caun(»t tell whether .1 ever knew bu
the neiv niavor was sworn before the old no
L.V. J. I'hcn when Edge gave Greav^
oath, %«-as tht: old mayor there '^
Ryley, He was iu tlie room when h<
chosen.
L. C. J, Was he there when he was s
or when he was going to be sBom ?
Rylcy, They would not abide tlie plao
went awav.
L. C, J. But, prithee friend, don't
thou art upou thy oath ; was Wild, th
inayor there, when they gave Greave
oath?
Ryley. I douH know exactly the nai
when he went away, but he was there,
thev voted him.
L C. J. Thou art a prevancsting shi
fellow.
m
STATE THfAIA 36CiiAliLBS IK iSs^.^and others, far a liiof, [88
■M^ fli^seiribr til fU«» tii^ci tnil couatry.
li. C /. *8|Mftk l)i0 nutlii ntaiit Aot^ nrn^f er
i^» vvtiB^i *l>*t ^^ tit tri^tit 11 wa^^ I donH
L C i H'li lie IhCTT fHicn Greav« was
%%. I cma^t Ids tiiAl, if it fXea&e y6%k\' bo-
Vr FkiwmeU^ My Um)^ I deiti^to aslc tiirn
Bat Hm SHdi wmiH Answer ft (lues-
«!. jfaUtewy. t Mb stiks
ymy e»fM'i€%n^ lis.
* Ftrrr^ft. BIj Jui^j, 1 tlt^iic to ask bbu
p« the lM*ttavt«tir of the cotupany atl the
inj iv«rc there in thi^ cQuncU- house ; wis
ay tomrtisDce Uirre f
LCJ I Bile jfnu ngoi
I nmir? — R^/rv. I he«4n1 i>oci«.
ic y^no ngain. was thcn^ no pro*
b. FarvMr/i. Dtd~yo*ii tJike notice of Hey-
ild^. If# iAii^ltt le Uiere, for oufbt I
ttr. Tmrmtiln Do y«ti ItcKeve he could
■lift t ^nidHMisoiLf ft0<J you not hear it i*
%l|. 9i» I item*! IffKtw hr»w he shouM,
■E iWUiw. Call ThoiTiHii .^luxio^v mt\
^m^W^m. l|Areyotiiiiiyniot« witnesses,
Vf . fi4i^ai U> l^iftVc iiiniis tny 1oni| if
IJML W«r« ym of a
' V^tf A» inwn fC Nottttighaiiii MidiHf Itnfts-
" ri»i U<lvi«- mr»Trth ?
Iliiin. 1 1^ chureh« a<» the cus-
^Wl lAfcf , I' cx;>€)cl«tl to go to
iC J. Ay, |irith4*e ftpi^al: otit «s if thou wast
I ; ycrti woahj Utii'e shouted thcn^ f
WImo ^e wrr* al O'^ -'Unt* h, vre
s^ <»yectiiig to have and
if llic ootiUMnV. f> the
; lA t 1 cu!5toni.
; &lr. Y«U1la^ >4 the 4^leetion
-diay VjUb t tih j pray
I hav tSKRir* wr*" »••' f
kdUr 1 T ad It came to
;rd the Section P
Tna«'tK|i»estJoii^
.Jii^ It .
»et
J iPi^ - ! . 1 ii »ot« there,
„ I; Dt you kooir auy thing of this
I Inmw liirfv WM ft (air election
JKmiAm. Wa« fct ixicfiMe and qma?
ifA». YW,llKf»inilidtliilfitittnt'«; at aii
1^1 r. St an hope. Was there no »houtinj; ?
Mntkm. N<> shootluj^ that 1 hcnnl
Mr. Halt. You were in the vmcv room,
wepetiot jon?
Musloti , I was in the coiincH-houiie,
Mr. lloU. Were yoti k^ot in the hall?
Miixl*mf, I wuB in the IiaH, ak ive MtiitouL
X. C. J. Dill you hear nothing^ ofiTjing out,
A Greaves, a Greavci? *
AfuTiow. N*v I can't remember that,
L. C. J. Wtre you iheni? wben Great cs wa»l
sworn ? J
Muxtow, Yes, f was, wlien AWertnaOj
Greares was sworn.
£- C J. Was you there when the maee wai ^
taken away ?
Muxlow. ^fo, my lord, 1 wtts not.
1" C, J. Who swore the mayor ?
Jlfwjr/wr, One ofthecoroiic 1*13,
X. C, X Was the oUI mayor there when ih* \
new mayor was sworn T
Mnxlom. I can't tell dint.
JoBt. Withtm, None of them can tellthaCiJ
or will tetl it.
3Ir. PoUexftn. Swear Burroughs and Par-
ker. ' [Which was done.J^
Mr. Lovtil. What is your uame ?
IiHrroiu^K$, Mv name is Burroug-hs.
Mr. Lcvell. Were you present on Michael*]
mas'day at the electiou of a mayor of Not-
tin«fham ? .
Bnrtvughi, I wau one of them that were ftil
thii hu!l ; when I was in iho hall^ there camii T
a gpeiitlenmn, one of the eotinc:)l -house, and ac-
quainted Mr. Wild, the present mayor, thalj
the biir^esaes had elected Mr. Greaves mayor, .
and tfie coroners were proceeding to swear 1
him, and asked him to come ana hii'nr hitii [
sworn ; nnd he said he could not come pre-
sentlVt they must wail a-while: he was a«ke(l j
liow lone, he lold tliem by and Uy ; w ilh that, i
»omeb*iffy cried out, A Ureftves, A GrcavcS|j
and there W}\s a great shout.
L. C. J. Where was that shout ?
BuTTuughs. lu the hall ; but then the gfeti-
tlemen were tn the council-houEc.
-Mr. hlrncoK!. Where was Mr. SachevereUj
then ?
MurroMghi. He was in the council- house.
L,C,J, Well said: now yoa have made]
this ltd low trwear through a wall, that your *
other witnesses could not hear tbrouf^h.
Prithee, friend, were not tbou one of thai
clotliin^ ?
Burfovgh*, No, my lord, but I was a bur- J
gpeia.
X. C. J, What did you do there ?
Burroughs. There were other burgesses ttOt j
of the dothiug betsides nie. ^ J
Mr, Holt. Come then, our next witoefts it]
John Parker,
£. C, J. Reynolds, did you see this felltyw]
there, was he one of tlje shouters ? I
JUynoldi, Yes, and he dmi^ up hi« hat ibuftt 1
L.Cr J. Were you one of the shouteis ?
BurrmteJu. I cannot my I did not shout.
X. C. X Old you fiing^ up your bat ?
87} STATE TRIALS, S6 Chabibs II. 1684.— Tria/ &f Wm. SadmertU,
Burrougha. No, I did not.
L. C.J. Did you do it over vonr bead ?
Burroughs. It may be I niigBt.
Just. HoUoway. Tf ere you by , when Greaves
was sH'orn mayor P
Burroughs. No, I was not,
BIr. Holf. Well, what say you to this matter,
Parker?
Parker. Gcmg by the street, I met ibe new
charter coming down, Reynolds brought it ;
so I turned bade SLgsim to the mayor, and after
he had received it, pray, says he, go up and
tell Mr. Sacheverell, and some of them, that
thev win come np to the church, and if they
will but stav there a- while, we will come to
them : so I, and another, and two or three
more, went up to the church, and told them
the mayor would come and wait upon them,
and bniig the new charter ; upon that Mr.
Sacheverell looked upon his watcb, and staid a
considerable while, and lookcxl again upon
his watcb, and I heard him say he had staid
above an liour, and presentlv a message came
from the mayor, desiriug them to come down
to the Towu-hallto wait upon the mayor.
Mr. Stanhope. Who did the messenger direct
his 8j»ceeli to ?
Parktr. I suppose it might be to alderman
Kdge and scgcaut Bigland. Says Mr. Sache-
verell, we will ffo down, and see what they
;uiy to us : so tfiey went down, and we went
with them ; they got many of them into the
council-house, but [ could not ; so I stood in
the hail, and waited all the while the gentle-
men were in the council- house ; then there
came out alderman Hijppon,the mayor, and Bflr.
Mulin, and by and by ailer them, alderman
Parker, out of the council- bouse, and sat down
upon the bench ; Mr. Malin had not his mace,
and he was ankcd where it was, and they said
they had it in the council- house: so, said they,
you had best have u care of your sUilf ; no,
said he, before they take my staff, I will
break it over tlieir pales ; and by and by they
proceeded to swear Wild mayor, aud they uerc
about to give him some of the oaths, I suppose
of allegiance and supreinacy j but before he
said any thing, tliciv came two of the council-
house, and iold him, they had elected JTr.
Greaves mayor, :md desired the mayor, and
the rest, that they would please to coino and
hear thim swear the mayor ; he said, he could
not come ; but come, coinc, says he, we will
go o;j, jin-1 upon this they proceeded to give
Mr. A. Merman Wild the oath, and when they
had gone half way in tlic- onlli, somebcMly
came and iTic<l out, they woi*e sweating Mr.
Givaves mayor, and upon that both parties
gave a shout, and one cried, A Greaves ! A
Greaves ! and anotlicr nicd, A Wi'ul ! A Wild !
And upon this, alderma:i Nippon had the new
charter hy him, ami he took it out ; look you,
said he, we do nothing hut by authority, we
have his ma jrsi.y''i order, and the broad- seal,
and Uicreupon sat ilown again ; but somebody
told him it was commonly reported they were
deprivetl of their privileges ; he said, it was
not so, if it was, he would forfeit his hi
his estate : upon that, they proceeded 1
Mr. Wild ; the burgesses gave aoothei
but not so big as the other ; with that a)
Parker went out, audi think, cried,
a not. They sat a little longer, and
desired to send tor alderman Parker a*
said they, he won't come, and so the
Sered a little upou the bench, and ^
own the street, and I went down the I
them, and in Street- Gate, they i
alderman Parker ; and he was cominf
hall again, and he turned back to the i
and 1 went to the council -hottse ; but
hear nothing, only that afVerwards
mayor's tht y called the gentlemen, an
them according to the new charter.
I.. C. J. Were you one of the electc
Parker. No, not I ; I was not cono
anv side.
Mr. Pollexfen. Were any of the dei
Mr. Sacheverell or Mr. Gregory at th
inginthe hall?
Parker. Not that I know of.
Mr. Farewell. He says, my lord,
mayor sent to Mr. Sacheverell and
come from church.
L. C. J. How do you know the ma
to Mr. Sacheverell?
Parker. My loi*d, they directed thei
to the persons that were there, 1 cann
say to whom in particular.
L. C. J. It has been sworn they
their speeclito alderman Edge and
Bigland.
Parker. They told it when Mr. Sai
was present, and so he went down wit!
31r. Pollexfen. But this appears by
dcnce, that the Old Corporation is by tm
mayor and burgesses, but we know 4h
aldermen since, and so it is according
as it is laid in the information ; but
put in their new charter. [Which v
and read.]
Mr. Pollexfen. Is there not a prov
that the mayor should not act till he hi
L. C. J. Admit it be so, what then
Mr. Pollexfen. Then it follows that
be not guilty.
L.C.J. How so?
Mr. Pollexfen. It is plain, my lord,
man should not take upon him the
mayor till he has taken the oaths ; tl
pose they take it tluit the old charter
by this there is no new mayor till !
tually sworn ; then all these things b<
before lie was sworn, it cannot be that
such an assembly as was laid in I
maiion.
L. C. J. You mistake yourselves s
proclamation was afler the swc^ariog.
Mr. rollesfvn. No, no, my lord, ]
mistaken in that.
L. C. J. Reynolds, Was not the p
tion madeaf^er he was sworn ?
Retinoids. 1 cannot tell, my lord.
L. C. J. M'here b the mayor, Wil
STATE TRIALS, 36 Charles U. l6Si.—aHd otker$./of a Riot,
[90
jtm 9i«orn befoire you gave
prtK-lftmntion to depart or no F
certainly tell, but I lliiok the
^as made in the council-
iMwasbt^yrel wa« sworn ; the prO'
■ mAcntmfds was allfer 1 was swum,
ln^. Where WHS the proclamation
as r«rorti f-> Wild. In the halL
Dill Mr. SachcTcrt'U continoe there
!, wiy loni, this I think
Icnce : in the countiU
' the greater jiart
i\ then ihcy uent
^ ; und they setit
mayor, when h*
-i was electcsil, and |
111 to swear him, but he
iras dune, lie wns not
ipon thiDi, there wss the siiout of
Greavi^ ! A Greaves I All this
k, U tore he was sworn*
The major htiuself says he was
I was just come into the
; iues9en|ter came in ; hut I told
Bid Diake no ucw election without
K^/M«iicn of the new charter.
i as to the htjsine&s of
, itarinBtion will not hohl
, because then he wns not mayor.
" (Iocs not allect the mayor but
'"csnot.
; . mv 1^1^, »« this infor-
kid^ be :>uys ne was mayor, nod
wmtbly, ami it wa^t hi- Id before
liopT* ^ere done j but this
by this vcfy new ehatier
!lure he can act, and this
In^^ OS tliey call it, anil
mace was before he was
[brmaiion supposes all llie
he was nmyor.
I think it does upprar by Wild's
bt be was not sw oi n when procla-
~ io the I'oiincil chamber; nm!
but one prorhunation made
ule Jilicr, and ibat \mi%
siihniission, that doc^
m wnc in thecouiicil-cham-
id not hear the proclamn-
ifbrmaxion is laid, that they
the proclamation ; tht^rcfoic
it to \f»ur liuikliip and ti.e j(iry.
ell then, g<>ntlrnirii of ihcjiirVi
»eld |nntr» b"t i^'f •[ r^ti.in is very
tsan ! by >lr.
Cicncnil , which
ilar ntuue^ uvts iiy same ui' the wit-
'orn to be present when the occasion
ariaep
. Pray, Jtiy lord, giirc m^ jour
is ooc of the defeudanlK cayy, he
t** prove be was not Uier« ; it is
Is, upon your oatii, ifwi you
Mr
R'j/noids. Yes. I did.
Just. Withem* Mr. Mayor, did you see him
there ?
Wi/d. Yes, I saw him in the hall.
Just^ WtthtTU, Was he busy in the ball ?
Reynoidt. Yes, he was shaking his bat, and
sboutmg.
L. C. J. Well, now where is your witness ?
Mr. PoUesfen. Swear Mr. plaits. [Which
^vasdonc] *W hat say you, was 3Ir, Turpin
there f
F{mtt, He was iu the hall that day, but not
above a quarter of an hour,
L. i\ J. You were thtre, it seemv, pray had
you a vole there ?
FiuU%. I went to speak with ^tr. lurpin
3lr. Polk jj en, >Vus lie in the halt when the
mayor came into the hall I*
i'lniti. I never saw him there while the
mayor was there.
Sir, Poltexfen, I pray swear Mr* Holt.
[Which was done] Prav was Mr, Barker
either in the hall, or in tbe council-chamber
that day.
Holt. No, I was at work with him that day
from six of the clock in the morn* oji;^ till eight ct
night.
L.C. J. And he was not out all the time ?
Uok, No, be was not.
h. C J. Well, have you done, (gentlemen ?
Sue ft ever eli. My lord, here is Mr. Serjeant
Bi^land, 1 deMrtiheioay he examined.
L. CJ, Ay, with alfmy heart, Hwearhim.
[Which wijs done J
Mr. PaUfrjhi. Mr, Serj. Big^hmd, I think
you were down ut the elect iun of this mayor
upon Michaelmas was twelve- month ; will you
be plcu >chI to tell the court and the jury wliat
vias do lit* ihun :'
8erj. Btfiltittii. I will ijive you as short an
account as I can. I was in my house when the
ma) or and aldermen, sent to me to desire me
to Jive my attentlance : they sent the two she-
rills to me, and I did attend, and staid an hour
ortwo, and w**nt to church, according to the
iisiin!roMrse ; and wbcji we had been there &
while, alderman Itippon camt* to uie, and dc*
Kired me that 1 wmihl tz^t t^nvn with them to
the hail ; accordingly I did |^o down, and there
was Mr. Wild and several aldermen sat there; \
so then they prorcjcdcd to that that was done
towards an election,
Mr. htvttf, Piay, Sir, how was their car-
riagfe during the linic you was there ?
Serj. Bi^iaud, I sat then iu the council-
chamber, 1 think I sat neict the mayor, jinfl
Mr. Edj;e, I think, wa^ next to nne, and I saw
nothing of disorder ai that time, that I took
notice of
Mr. Loveil. Was there any proclamation
made for people to depart f
Nerj, Higinnd. Upon the oath that I have
taken, t do not remember it.
L. C. J. Pray did the mayor ask youi* advice
about any thiujSf ?
Serj. Higinnd. Yes, ray lonl, be did ; and I
fiaidto hint, in what ca(»acttyf i^ir, do you denre
SI] STATE THULS, 36 Cuablbs II. \6^4.^W0i of IVm
my counsel^ as recorder, or how F and m be
«ud no more to that : hut he s*«d lh«re whs u
new chiuter, but whether he desired mc to read
It or no, 1 cantiot telL
In. C. X Was it opened ?
8erj. Bigland, Some pnuiof it was opened.
L, C, J. Upon your oath, did yoii hear Mr.
Sacheveretl apeak* to the mayor r
$eij. Bigiand. No, my iofd, I do not re-
memher any such thin^.
L, C* X Pray let me otk you, you hafe
beeni before tliis, at etcdiaiia i»f mayors of this
towo?
8er). Bigtand. I wok deputy- recorder in my
lord marquiii ol* Dorchester^s time ; as soon as
be was deadf 1 was chosen recorder^ and then 1
wasat one election at another day, when they
do Qominatef which is before Michaelmas.
Mi\ Holt^ Pray Sir, was there any distur-
bance f — Serj. Bighnd. None that i saw.
I^C.J. Waa ihefie any shouting that you
li«ard?
Setj. Bigiand. I was not in the hall, my
lard ; In the council *ch amber there was none,
J oat. Holhm€y. Did you hear any body cry
A Groav^es* A Greavea ?
Sen. Btgiand, 1 heanl a noise in the bail,
but wtiat it was particularly, I cannot lay.
Mr. HqU. How long did you stay in the
eouncil-ehamber ?
Set}. Bigiand, I believe 1 ^id as long as
moti m the company was there.
L. C. X Did you stay while Greai^es was
aworn P
Serj. higland* My lord, 1 believe I was
there Ihenr
L. C. X Pray what authority had yon to
iwear Greaves f
8er). Bigiand, All that I know of it waa, he
was iiominated at August accortlingf to f!u<»lom.
L. C. X But whul occiiJ»ion bad you tw be
present tbtn, and what authority bad you to
awear him ? You are a gentleman of the long
robe, and t.bould have known bett^-r.
Serj. Btgiiind. Truly% niy lonl, he was cho-
aen by those that had a right to choujw in Au-
gust before.
L. C J. But what authority had you to
awear him ? Why did aot y^H send for 'some -
i body out of the streel to awear him ? I reckon
it to be worse in tbose people that understand
tbe law, than in others, that they should be pre-
saot at aurh things, and not advise people bet-
ler ; here is aerfeaut Bigiand and Mr. £dge
have mighty squeamish stomachs as to the read
' intf'of the charter, and nice questions i Do vou
aik me as liecorder,or aa counsel f B«t tHey
would have done welt to adviae peapla to maJ-
die with thdr own bumoess; let my brother
take that along with him.
Mr. Polkxftn. Pray awear Mr. Edge,
[Which was done,]
I^dge. My lord, I did not swear him.
Just. Hollawa^. Prav who took the poll t
Edgf. 1 took the poll.
JuM. Witkim* Pray did you ever know a
jikiyorswora when the old laayor was not by f
Edgt. IdtdnHtbem so. Mr.
and the «th«r gentlemen would have gotten i
to poll In tbe v«3rtrv in Ibe ah*teT)^t' Af
may Off but I told item I woi^d not hare i
such thing done ; atid whmi the old may
went out of the council- chambei% they wo
have had me read the oath. Hatrl I ^ gentlef
1 will not swear him but in the nmyor^s
sencc.
Mr. Ward. Did not Mr BaehevereH
tbeni all the day ?
Edge, He was among ns all the day.
Mr. Ward, Did he ]>ernse the charter f
Zdgr, I can't tell that
X. C. X They that once heofin first to I
the water, seldom catch the fisli.
Mr. Huickinmn, My lord* I desire t
ask Mr. Edge one question, whether I wai
sent to the mayor, and did not go myself?
Edge. Upon the best of my knowledge I <
not send you to the mayor.
L. C- X I thought, IMr. Hutchinwjn, ^
had been a man of greater quality than to
of his errands. Have you douti, geiilleaieni
Mr, H<iit. Yes, my lord.
L. C. X Then, gentlemen, as I said^
an information against several jteri
shall have the nameK of them deliierr^d I
and it is for a hot, an unlawful
Nottingham ; and though there are (
that have been «[ioken of, and two piteeais j
evidence, yet 1 must tell you, fUtitlbll
that does afTect these persons b onlylbllfiH
does^ relate to Midiae Unas- day, aoi i^
other part, about the cross, is not tufEij^iMd
this information ; and persons that wt»n ftnt ftt
tbe cross, but that were not put at tlie ball^ ar*
notooncemed in this information : Uiit alK il
appears, were concerned, except one, whieb i^
Humphry Barker ; now tlioiigh lie waa f ~
piof .lud jumping upon the croaa, jet not h
preseut upon Michael mas< day, be is not t
this information.
And now, gentlemen, hecaiiae tbe ettu
hekl something long, I shall be tbe
Only, for example fiake, there ane some
that oughf to be taken notice of. The right
the charters, whether it be the new, or the
charter tliat is to prevail in {wmi of law, is i
a question : that is not to be deienntnoil in f
cau«e one way or another, for th«y baw • ]
thodical way to have that point de
and should not have proceeded in the %vay tb
went ; and it is pretty well known they
proceeded in that way too, for we knon" '
are 8dre Facias^s and Quo IVarrani(>*a^
ing between them. They would bave^
well to have pursued the"^ legal course
for I hope, we shall never live to tsee thai
prevail in England which is callcfl club-la^
Let the right be ne^'t;r so mocb on their
they ought to take a rightful way to ob
and not by any unlawful means.
Another thing, gentlemen, is this ; tbey i
sist u]>on tt, that tney could not he guilty \
this information, because the mayor waa
sworn. It is plain they axe guilty of »
STATE TRIALS* 36Chaelks U
mamt till lyuythor wii« cKosen. i
jbrty %< liie olfiohan«r;
L iicil ttire»r bitu bv any f>r«((^n€4'
1^ w of a %ery grtAt fiiull,
lie i'.- ■ . "^
tlit*^ iie^deil not to li&%e ^nthen^
itito an aiMriiibly about i\m tuatU^- ;
thev preteod to be a niaj or had
cbosen niayor^ they htid j» n*-
have brought bim iuU> thts
migUl have come, anti of i ight
A Mandanms in admit mid
the office, atid fio lie nm^t liave
jor^ unless they had shewed
the coQtrary.
^ Uicrp b no richt but has a law-
tbercfufv it had been much better
'gentiemeti, if they liave a ri^bt, to
» m a rigbtful way to obtain that
!• beisig premised, 1 must tell ^'ou, it
I BltHtunale, concern it whom tt will,
Iraoge to me, that men in matters of
wlMfe they have notliing to do,
mCry gentlemen, that never came
mm an? election before, that they
■M to busy themselves, and' head
they huve nothing to do ; nay,
ol'precmnt, for it wiu
M it Wis only to satisfy their ciirio*
tteoMiiner of the election, the^ hod
f llio«i and patient and quiet, it bad
' \^i but to be there, and to de-
pl» to be sworn, and calling^ people to
9 and h^ini^ the mobile* tlial
any roan, let him be as great
Wt^i tlMi|pioater the itiaa«tlie greater
tad the gretter bin Muence, the
and the grester onght to
^Mtl6in«n» to have those other fier-
there, Mr. HntcihinBon iind Mr.
ley must be dnnandinir of the
and swear ; pray what have
tiiere?
> you see the consequences
to that heig-bt in the midst
;€Dd|iapulmia town of NottinirliaiTi,
^boAMging up hats, and liollow-
d mftkinyf ail the distur-
m in tlie woHd ; n«y, in*
lay observe by one of tlie
igi tb« very senl wn?: hrnk«n
ehart^. Wiy, l< nt
that whereas i'.. a
. that d<»th ImIiii-; lo the
: ravislied it iiuuVi and
Ln«i take it ;; " iher he
inigo;ii isine«8,
tbr^f-
ami
1684.— 4mi otheri^for a RioL [ftt
ifioeiing of all sorts of people^ and all sorts of
disorders mu«t be committed ui»der pretaoce oIt
this autliDnty ; which is setting up a kind of
coitimonweailh, 1 can call it no better ; and
\im\ it been such a general assembly, not with
an ml«nt for doing such one parijcitlar pur-
pose* it bad been high-treason. For if people
once think to obtain tUa rights they pretend to
in a mutinous manner, thai in the general ia
high-tnfttson, or at least so near, I witl bssuto
you it is pretty hard to distinguish betweea
them.
Now. gentlemen, as lo the evidetioe, I must
tcU you tbe witnesses do swear» that all these
pereous wen; present^ abettors, and assistants
in this matter ; the man that beaded tbe party
hail no manner of concern aoiotig them t and
surely^ at^er you have heard all tliis matter, if
ever there was a riot proved in this world, tbti
riot is plainly proved upon every one of tbes»
met! excc(»t Barker,
But whtreas they pretend on the other side,
and they would have you to beUeve that tbe
sheriff was not sherifrtill he was swom^ torelj
he was sheriff till another wai twom: And if
you allow bim to be sberilf, then they ought
not to take his mace from him^ if he was the
sheriff tie /flc^o, in possession of the ensign of
this olfice, that is enough ; lor the ri^ht t9 not
to be determined in sudi a way as this.
The next thing they pretend to is this, a-lack-
a-day, there was no proclamation made till after
he was sworn mayor by the new charter, when
before he came first into the ooaiaKVD-oouDcil»
the hubbub was there begun, and tbe mayor
told them, gentlemen, you have notliing here
lo do, pray go a!»out your business ; and when
Mr. Saclievcrell pr^^ssed him, he ordered pro-
clamation for all persons that had nothing to
do, to be ifooe. Then afterwards he comes
into the hall, there is sworn in the hall, and
take9 his oath according to tbe new charter,
and stdl after proelamatioti made; then the
sain«f persons oonttoue still in the same plaoe^
so that there is no obedience frivcn either to the
old nuthorit^' or the new ; and instead of going
away upon the proclamation, thfit made thetn
tbe more riolenl ; for you find by Mr. Edge^
the l»*t wit»ie?is, that oVen to the time of the
swearing, Mr,Sacheverell eontinuedvery earn-
est lo have himsworn^ though Mr. Sacheverelt
was shewti the new charter, and tbey^eould
not even by the old one proceed to swear hi A
in the absence of tbe old mayor; and tbe old
mayor wns alisent.
There are indeed several genlleBien that are
witnesses for the defsndants, that Itappened to
be there at that time ; there is sir Tlx*mas Par-
ky ns^ and be being aaked whether he beard
any noise at all, why tndy he forgot that there
was ever a word spokt^n ; and urmigh other
persons, even «,i»mft of their own witnesses, did
hear a i lie heard Done, bat all was a
wonde- r thing ; so that the witBesses
♦^"* lilt y liir iiif^«tlve>< cJiiled, interfere atnoug
Ives, some of tlipm say tliey did hear a
,.^.^. and shouting, yet $ach is the unhappioesc
95] STATE TRIALS, 36 Charles il. l684.— TWo/ of Wm. SgekevereU,
of floroe people, that they caaoot bear if they
ba?e no mind to it. Then here is Mr. Thinn,
a gentleman that came by accident, and be
can give no good account of the matter : some
noise be did hear, but be came but as a stranger,
and was not concerned one way or other, as
be says.
You have beard several other witnesses, that
give an account there was a noise, but they
cannot tell whether the charter was produced,
or not produced ; and they cannot tell one word
that was said of A Greaves, or No New Charter :
And.one particular man, I have forgot bis name,
be could not by any means remember any
thing of the matter; though be was there
all the while, he could not tell what A|r. 8ache*
verell said, he did hear him, but not what he
said.
This, gentlemen, is the substance of the evi-
dence: 1 can only say this to you, yon most
believe all the witnesses for the king actuaUy
pei^iired, unless you believe their evidence;
and for what others say, that they did not hear
such and such things, yet all these other peo-
ple did hear ; and thoogh the witnesses for tlie
defendants did not nee, the others did see ; and
you must find these men without any evidence
that does appear, to be guilty of wilful perjury,
or else eveiy person that you have had m
cbaige, except Humphrey Barker, is guilty
of the not wnereof they have been informed
against.
Then the jury withdrew, and the court broke
up, and a private verdict being delivered in the
night, tlie next morning it was given in
court, where thev found twenty of the tw
one defendants that were in the issue, ^
of the offence and misdemeanour in the i
raat\on ; an<] the other defendant, Hum|
Barker, Not Guilty.
In Trinity-Term following, the Defenc
who bad been found Guilty, were sente
as follows :
William Sacheverell, fined - ' 500 M
George Gregory 300
Charles Hutchinson - - . . soo
John Greaves 20 N<
William Gi-eaves 20 Mi
Samuel Richards 20
Robert Green 20
Francis Salmon 5 Nc
Arthur Riccards ----- 20 Mi
Ralph Bennct - 20 N<
JobnSberwm lOO Mi
William Wilson lOO
Samuel Smith ^0 Nc
Thomas Trigg - - - - * SO Mi
Richard Smith
John Hoe 20 N<
'William Smith ----- 20
Joseph Turpiu ..... 100 Mi
Nathaniel C;hamel .... 100
Joseph Astlin 5
And that the several defendanU do givi
curity for their good behaviour for a twi
month.
The Case of the Corporation of Nottingham, as it was sta
by the late William Sacheverell, of Barton, esq.
THE town of Nottingham hath always
dauned to have been a bm-ough by prescri|>-
tion. And it cannot well be doubted that it
ba^ been so ; for that it appears by Dooms-
day-book, in the time of King William Ist,
that the burgesfics of Nottingham then had
divers houses and parcels of land in Nottingham ;
and the burgesses of tliat town were 173 in
number in the time of Edward the Confessor.
That town batli also always claimed to have
been a corporation by prescnption. And it is
hard to believe it otherwise ; because no char-
ter of its first incorporating could yet be found ;
Kod the charters granted to the burgesses of
that town by kmg Henry 2nd, and king John,
do imply them as a body corporate before
Yet it appears by the charter of king Edward
the Ist, that there was no mayor of that town
before his reign ; for that he iben was pleased
to grant the burgesses of that town a privilege,
that they then after should choose a mayor
out of themselves annually ; and some of their
former charters, as well as that, shew that for
I time before they had only bailifb of that
From Edward the Ist's time,
4
mayor and bailifik tlie town continoed tifl H
6ih*B time, who was pleased to make
county, and grant them slieriffs insteM
bailiff)!, and the privilege of choosing ou
themselves seven aldermen, and one of t!
annually to be mayor ; and that the alder
(as long as they so continued) shoiUd be ,
tioes of the peace within that town ;
nioreover, that the burgesses of the to«n
Nottingham should for ever be a body
porate i»v the name of mayor and burgei
Nor hatfi anv charter since, nor any bye-
that can be beard of, given the aldermen
more power than tliey had by that cbai
which was then nothing more tnan every I
gess of that town had except being justice
the peace, and wearing gowns andlioods.
that the aldermen, though of late they 1
taken upon them to sit as members of the os
cilofthat town, can neither prescribe to!
|>ower, because there were no aldermen in '
town before king Henry 6th's days ; nor
they claim to be of the council of that t
by force of any charter, for no charter «(
in Henry 6th^s tinae, or since, hath girtt
them any soch authority, nor did iktej ^
STATE TRIALS, 36 Ch ARtBS II, iSMj^md others Jot m RwL [98
hy wirUut of wiy byf -hvr of
rtbevrvdmT • "^ ''* -.^ UfF,
lUrf^bl ofaiUitig ai (liefe
iMfe MB ikokxl in tb^oHinii nben
Hiv alilffTHicfli icid«««d in kinir Jam^'t* time
Ina, l^oti^ they liad 50 rif^t so to do^ to
tobfftB cli«tKt to bm put of (ke councit, untt
i» flBvaiMlB in Ibit loivii** concertifl, ami to
mmtk to &r a|MJci ilie burgrsaes, without
^■r««i<oln, •* • 'i<1 to Have a n|4:lit in
of the cori>o«iition-
'■■r.(U^ and «-ti<xi!-
Mil B«iiW
) f so Im' 111! hi
iBI^Birlo til'
(li^- ^it*'l» ti. ,i( fr
• •clflnij, tt
^MMlilMlo r
nFTiofti.
theaiiler-
«% «iy |ir»> .
,vhich lh€
Ml if tbe \
1 lite eJ^amitia-
flmtifi^mm%%*
\ to the jtuiges
yimmiky
e end they
MM Wo
d bv Uie
m^iMBi'^] mi* 1'
*.Ud-
fawlMili^rmlior
iherr
fesr"
... ^ --,1-
^l^Mluit
■ -i- - ■ ■
■Uduw, .
I L^t ot liie
gjm iMcbiui
d to that
HhPNr, lai-i
Mieetto he
I^^Bil vC t
•s m con-
^K^ nd r*-ii
^ ihcir
[j^ i^«o«l* *»i^^
ihcv
■■MifllMd COCivr ttk
i and
f the
^^Hf BH imI c^vcmrDr
lU "1' ......
^^^Mvlbe iiia_\ «ir tinil
Ihv
PHfavl Of f»» «•"'" ■» ♦
••'■*■■
idMrlff
Ivrllii* tfff>^
, vutU tlitt
I beiui^ ut
.! 1 i»i thf iiftid
' lie ttuvn luTidMf
, itiJ
■ iiirr*
^triiiJ*)t)-ijn
» sMl «mfviiii|pt^ was vrhoU)' \tu\i aaiiie,
t mni hmfgrmt 1 oi
' IM<ilPFI «C ik^
r, »l^
majntaiii, sustain iw itb tlietr bodies, tbcir i
aod their chattels u» their powt " "^"* *'^»'tu t^^
let neither for love nor di'«>jid, xrd vC
mny toan, but maiutain the la^vi^, ^ i-tunts,
and franchises of that town : and divert bnr-
g«ifies of that towTi being informetl^ about lb©
be^DiUDg of Easter-terin la^t, that the Enavov
ana sume of the aldermen of that town had a
dedgn to surrender the charters of that ciir|K]i*
ration, it was acaroe credited by any of the
bui^iessei, thai the mayor or almost any of tho
aldenuea would consent to do a things so di-
rectly ijotitrary to their hurgess-oatb. Yet
dirers bureeises of the said touu considering^
they had t&en the 8aid oath for |ireservin^ the
npiU of the town, thouifht it hut convenient,
tor the ]>reveDiion of the ill consequences wbick
they well knew must befall that town if their
charters should he dehvered up, and a new
charter taken without the privity^ consent^ or
bearing of the bui^esses of that town, to order
four caveats to be entered ; and accord iii|fly ia
Kaster-term ordered two to be entered at the
lord eh an cell or 's, uod two at the attomey-j^-
neral's. One uf which caveats in each place
was ng-nii * '1^ any new charter to the
town of «i without the privity, con*
sent, or L;, „ -. ihe burgesses oFthat ti>wu j
the other ugaiiist the acceptinjsr of any aur-
render of any charier of that town, without the
hke privity, consent, and hearing. Which said
caveatii were entered accord in gly*
yind so the matter rested till the !23th of
July last I hut upon that day the mayor called
a council without giviDg notice what the bu-
siness would l>e^ unless it wa^ tu those of bis
own party and confederacy. But that he had
thnu^'hts* of surrendering when he came to thd
liall, will be pretty manifest from what be did
after the question was put to the vote, and the
poll taken: there appeared at the ball Ibo
mayor and tive aldermen, and two and twenty
of tne couneilf and Mr. VVilliam Topfady (who
the laat yc^r^ by order of 3Ir. Ger^as Kippon, the
then mayor, i^as sworn m as an aldermaiiftboueh
Mr, Hherwin, who stood in com|)etition with Mr.
Toidady, had near twice as many roles; upon
which Mr. Sherwin brought bis Mandamus,
and the cause h yet undecided iu the court of
King*s- bench). After some busiuesff iu the
hall was di^jputcbed the mayor caused a question
to be put for surrendering of ihe ciiarters of
that t«»wn ; anil thonsfh it was declared by some
of the councd, That the aldermen bad uo n|fht
V} votrf therein, vet the mayor caused a poll to
be trtkeii, ahd afimiited them and Mr. Tonlady
^ nave only that Mr Alderman Edge
d his vote, and g^are it neither way.
1 He rvA vote<l as followetii, viz.
For surrendering the Charter.
Gcr^'an Wild, mayor, Christopher IJall, a!*-
derman, John Furkor, ubb^nuan, Gervas Riji*
pon, ftldennan, V^ illiam Toplady, ttlilermaWfl
(ir f'licto. Wdliam I^Iabbot, Edward M abbot,
Wilhiuu Petty, Rolwri Wortlcy, Hu^rh V^aU
ker, Wiliiitn/ Wool house, J otm Whitby ^Tht^
mas Lee. Jobu fowio.
H
99} STATE TRIALS, 36 CuARLSd II. l6Si^Triai of Wm. Sachmrett, [100
AsraiuBt surreDderin&r the Charter.
William (irenves, al(li:Tmaii, John Greaves,
Sajiiud Uichanfs, corrnuTs, Robert Green,
sheriir, Huntiutrdon Eyre, Roger Ryley, Tho-
mas Walkfr, liichanf Smith, Francis Sahnon,
Ralph B«*Qnet, John Sherwin, Samuel Smith,
Thomas Trig, William Smith.
So that if the aldermen should be admitted
to havu a right to vote in the council, yet here
uras no majority for the surrender. But on the
contrary, the aldermen having no colour of
right, either by pi-eHcription, or charter, or
othcruise, for the nmsons aforesaid, to be of the
council ; it is plain, there was only the mayor
and uihc of the council for the surrender, and
thirteen of the council against it ; and conse-
quently that the greiiter part of -the council
Toted against the surrender. Nor can it be
imagined that the council of that corporation
(being neither settle<l by prescription, nor vest-
ed in by charter, but only brought in by con-
sent and choice of all the burgesses, only for
the better managery of the revenui^ of the cor-
poration, and dispatch of some otlivr ordinary
alfairs, and nut intrusted with many rights of
thot town,) can pretend to any power of sur-
rendering the charters and liberties of that
town, more than any small numlier of bur-
gasses. So that how this surrender of fourteen
men against the vote of the greater number of
the council, ajid will of almost all the buigesses,
should be good in law, is not yet well underbtood.
And if the putting of the town-seal to an instru-
ment without the consent of the body corpo-
rate, should be said to be sufficient in law to
give away the lands and rights of any l)ody
corpoiate,* then any thief that can but steal the
cM>r{)onit ion -seal, will have it in his power,
though he be no member of the cor|Mjrution, tu
ffive up the lands nnil liberties thereof ; w hioh
mdeetl would be a ^trange piece of law and jus-
tice to be owned in any nation that pi-etends
to sense and honesty. \et Mr. Mayor, all this
notwithstanding, did, as soon as the said vote
was over, pull out of his pnrktd an instinmcnt
in writing, purporting a surrender of their
charters, and caused the town-seal to l)o affixed
thereto without any further vote. The draught
of the instrument, as it is commonly said, was
first made at London, and t hence *tr.msmitted
to an honourable person in >iottin:;-h;m)shire,
and by his order conveyed to Mr. Mayor. Jiut
this report, if it were not for one thing, which
it is l»elieved will be uroved if there be occasion,
might seem not well groun<lcd, becaiist;, as it
Afterwards will appear, tliis surrvuder was not
tliougbt sufficient, and ko another ^^as sealed;
which yet one of the aldermen would havo to
h* the very same, word for word, with lliat
which wastirst sent up %<.*aletl to i^ontlou ; as if
twice sealing would make that ciil-ctual \ihieh
was not so by l)cing once s(t:ded. Hut it is
likely he had not heard what is n)nniuinly re-
porte<l, and {lerhaps will be |»ni\«.'d v«hen*^tii»e
serves, that the fir«t iuslrnment for suiTeuder-
ing that it as sc»ltd> was drawn so as to make
a surrender, by the right honourable the eari of
Uallifax and sir Iieoline Jenkins.
After the saiil vole touching the intended
suiTender was over, many of the burgesses of
Nottingham, considering their oath, and that
there were many customs and privileges in re-
ference to trade, which the burgesses of tb*
corporation held only by custom and urescrip-
tion ; and that as some of the lands wbich that
corporatbn held was by grant from some of
his majesty ^s royal pix'tlet^essors, so most of
their town-lands, (which ai-e of great annual
value) were given by pri\ate persons ; thought
tit to ask advice of counsel in several |>oint8.
The first question pro|>osed to counsel was.
Whether if the charters were surrendered, and
a new one taken, tliiil new grant wouhl not pre-
serve the lands to the corporation. To whidi
counsel replied, That if the charters of any
bcKly corporate were lawfully suri-eudered, thea
the cor|K)ration that held by such charters wm
dissolved; and that if they bad auv lands which
had been given to that corporation, the lieicft
of those that <rave thohC lands would, as soonu
such surrender was irompleted, be entitled tA
the lands, »nd rfc<»\er the same. And ther
said. Those laiuls which had been given to sum
corporation by any of his majesty's predeces-
sors, his majesty uiight, if he so pleased, grant
thtjn again urthc corporation; but no'n
charter of his could, as they conceived, eiv«
tlie corporation any title to those lands which
had been given by private persons, or enable
the cor{)oi-atiun to keep them from the heiim
of those that gave them, in case such surren*
der should be. And so, they say, it was re-
solved by thejndt^'i's when the'monastcrieswen
surreudtrL-d, or dissolietl; and that tlierefon
a special act of parliament was advised to b^
iitaih*, and accordint^ly was made, to vest thoM
lands ill the king, there being no otlier way t»
liindLTtliem IVoni goiii'; to tlic heirs oftliose
that gave thein, \« hen By surrender they had
dissolved those corp<.' rations.
The second <{iH>st ion pniposed was. Whether^
if the mayor uud luirgi'sses.of a corporaiioi^
claim any right of common by custom or pre* ,
scription upon other men's fands, as is in ths>
ca.se of Sialfoid, Derh}', Coventry, and maiiy- :
other cor|M)rationb, they can surremler tbcir .,
charters, und \et, by any new charter to be e^
taiued from his majesty, or by any mesm^ ,.'
preserve their ns^ht of common. To which i ■
was an&wei-ed. That if the mayors and bui^geiHft J
of any corporation chiim nucIi common, udA' ,
afterwanU make such surremler, and so da*
solve the boily corporate, their prescriptitm ftt ,''
common is destroyed ; and though his majes^ '^
should please to incorporate tlieiu anew, yal ^
I their title to couimon will, as they conceive, be .^
I totally lost.
The third queslion was, Whetlier the t
of Nottingbum, being one of the ancientest c
IKirations of England, and free of tolls in nu^ -^
places, shouhl have the samejprivilegeif tfaq^*j*
surrendered their charters. To which it WM'l
answered, Tliat ii ihe town of KotiiughaiK'.i^
STATE TRIALS, Sfi Chabiks Ih l6U.^md ciheri.Jor a Riot. f 102
fh^ff i*li4t|i*i ^^
^ hhuW ^
i..> i,. vv charter.
uM ■
iSr;:
fifa cor-
ilie inajor
the sur-
itim>, tlie
n luch it
I Init that
■y tiir
^f^l
und rxnniinrU w itU
n'1 the (jurfjt'ssts
' wan by srverul
>cf of ft^'verat
t y ot'
' 11 ted was
WiiJi, yHyctx of Natttngham.
^ f»r rNotttiii:rhmii,
mr til - that you antj
0 httve, vvjthout
: (Kim iit^^l^^ am)
'« to
rinrl
till* •■: lU CilUSC
i<» au m-
ier ! and
1 ring'
■ Ik' to
cuii lu u^ ami
:i of ihe iH>rjH»<
»ur-
' !^ii.ii an
rtf wbat
nntl fhnt
> Mi thaft rnrpaimtinii ;
* lt*r» witJ r-etiuinly be l/»5t, if yon make such
•ftiiiTeiictrr fts ymi Imic ii^Ti-*tl to. W^
*^ lio llHTeHiPe lieneljy tferlure onr dliii^en^]
* from those your pn^ ' and tbaf 1
* wti ortf|i»r im iim* sli , or h:irf
i Q n.-,..x*..-i *L .* ....^_. - ;. ,,, ^j ,y chiutcr, j
* lilt. t»f till* mrjMira-
' tiiiu Ei»a«lc tritlii^r Kyi
* y**o, or iiny cfir|)oratinn, or [
* other jieisou r - eviT ; andifiat ^
I * ivt' vrill by u\\ bwiul wa^-sund menns o|H)os^
* and hiuder the suiTondcrins" or vaciiling: of
* any oftbo dmrters, riirhts, Ubcriie?;, or pri- 1
* vihj^ps oftliis corporation ; and that in ci^s^J
* you occa>.ion Iht- sinTcnd(*r of any of ibechor-
* lers, rights, ril>ertit'!«T or ])nvileges of this cor- ,
1 ,.,,^,i;.,„ we almll expect from you such :
1 all the law will nWnvr ns.'
. ... turfire^ses were also advised to ordcVj
sind accordingly d'nl order cavciUs in the nauiL'S^ !
of some psj*ticolarburi'e«ses, on l>cli&lfofthi?nj7
nvhcs and most of the hurgesst'S of dip town^ j
to he entered at the lord chancellor's, the lor J
privy -sears and in the signet'Offiee, a^ins^l
sinrrendering of any ot' the charters of thai [
town without the privity t consent, and hearing'
of the fiaid burgesses, and aipinst passini^ of j
any new charter to that town \% itliout hke privity^ J
con-wnt, and heario"^. And the burgesses havf j{
had an aKConnt from their a^ent at London,
that he had entered such caveats at the lord
chaneellfM''s and in the oiBi-es of the lord Con- !
way and sir Leoline Jenk) n**, it being com-
monly reported that ihe bud privy -seal ha^J
deUvered up the privy -seal to the said air Lew^
line.
The burgesses were further adviacil to peti-
tion the lord chaacellor to l>e heard before unV •
Burrender of their chartr rs shoiitd be accepreJ, I
or any new charter to that town shoidd past
the brcjad «^eal ; and accordinji^ly a Petition waa ,
draw n, iuu\ M^^iied by alxtve three hundred sind
sixty biir^csst s, and a copy thereof fairly en*
i^t»8$e4l, uiiti the names of the burgesses that 1
had subscribed, was sent and prestented to tb^ ]
lord chanwUor at Bath on Thursday the icnih
of this inMant August. Which Petition wa» |
in thene words toHowing", viz.
To the ri'4ht hoiiourable the Lor^l Hijirh Chan*
ceUorof Kti^hnd : Th«' hundde Pli iTtoH ]
of tin? limsfes^es of the Town of Noihnij*
ham, whop^e name^ are hereunto subscrib-
ed, on behalf of thetrisetve^ and uaost
the Bnrtjtsses of thai Town,
* Most humbly sheweib :
'That the town of NortinjL,^ham l»emfi[^a bo- '
' riJUtifh by pres*crintion, and an ancieni eor|io-
* ration ; and the hur^jesses of that t<»wn (who
* are a body corporate bv the nanieot inriyorand
* burrjrNses) hir i ^ liberties^ ;
* ni^liis^ 11 ml 1 «bich th<
* pmit and cfM iiom hii* ju 1
* i>iR royaJ pre* I id uniuy ck
* litk^riii'^ iftj ^, .. uhich \\n\ ...'.
jvtion; and divers j»ci
^^1 1- to that corporation of *d
103] STATE TRIALS. S6 Chaeles II. l68i.— Tm/ offVm. SachetertU. [IM
c ▼ery fjeki auiiual value : The present mayor,
< with three or four of the aldermen, awl nine
« other burgesses of that coqMiration, haveUe-
« dared theydesij^ to take a nc-w charter, and
c have taken upon them, without the consent of
< your petitioners, and most of the burgesses of
* that town, to agrree to the surrender of the
< charters of that corporation ; and have taken
* the town- seal, and afiixed it to an instrument,
< designing thereby to mekc an actual and ab-
< solute surrender of all the said charters ;
« which if they have power to eflfect, it will (as
« your petitioners are advised) not only dissolve
< the corporation, deprive your petitioners and
< other burgesses of that town of many rights,
« liberties, and prinle;^ which they held by
< custom and prescription, cause all the landv
< given to that corporation to revert to the heirs
« of the donors, and disinherit your petitioners
< and other burgesses of that town of all the
« said lands, liberties, and privileges, which
< both they and their predecessors, as burgesses
< of that town, have inherited, and ought to
« enjoy, but also subject your petitioner and
« their freeholds against their will to sucli ser-
* vices, damages, and great inconveniences, as
< may be brought upon them by the contri-
< Tances of the nid mayor and aldermen, in case
* they can obtain a new charter to pass the
« broad-teal without tlie priiity, consent, or
< bearing of jrour petitioners.
* Your petitioners therefore humUy pray
< your lonbhip to take into consideration the
* aforesaid mtschieft, damages, and inconveni-
< ences that are like to behill your petitionexs
< and other burgesses of that town, in case
* such surrender should be made and accepted,
* and a new charter taken by the said mayor
* and aldermen : And that your lordship would
< please before such surrender be accepted, or
' any new charter for that town be |iassed the
* broad-seal, to grant yotir petitioners a day of
■ hearing, and to order thereupon as shall be
' agreeable to equity and justice
* And your petitioners shall ever pray, &c.*
The Petition being delivered as aforesaid, and
Mr.Blayor having Men acquainted in manner
aforesaid, by the generality of the burgesses,
that they neither had consented, nor should
consent to a surrender of any of the charters,
rights, or liberties of the town, and the bur-
gessev having been advised by council that no
iBStniment tor makinga surrender of the char-
ters to the earl of Hallifax and air Leoline
Jenkyns couldheefTectual in law : it wasliODcd
tliat there would not have liecn any fVirtner
Progress in the business, at least before the
ur^^eases were heard u|M>n their caveats or pc*
titibns. And it was taken for granted, that no
new instrument in onler to any siirreiidcr
could he made and sealed without calling toge-
ther the council of that town ; because, by cae«
torn of that town, the town-seal hath always
used to be kept under the custody of thrae
locks and keys, and not taken out but in
cil ; and those three keys kept by three i
persons, for better preventin*; of any in
use of the seal. But contrary to the buigeflmP
expectation, and a<cainst all ancient usage, Mr.
Ala} or (havinsr, as he said, received mItm
from London that the instrument he had teal
up fur surrenderiug the charters was not tuA-
cient) did on Saturday the 12th of August ra-
^uire of the senior o6roner to deUver liini kb
ey ; which the coroner refusing to do, (onlcnL
according to the custom of the town, a oouodl
wais called, and should onler such ddivery) il
seems Mr. Mayor found another way to oaOM
by the seal, if that be true which was Hgn^fioi
in the public prints that came down to Not-
tingham on the 19th of August, viz. Tfafll
upon the l-Uh of August a surrender of N**
tingham charters was made to hia uiajeatji
And there is one tiling which hath happenai
since, which gives a shrewd Ught what lln
Mayor did on that 13th of August, withoal ai
much as summoning a coundT ; for the petty
who by Mr. Mayor's command, as beiaich, da!
that day force open the lock to which the o»-
roners**key bebnged, hath since confeHed ^
iHct. So that now if it shouM hereafler ap-
pear to be true, as those prints seem to intinMlai
than any instrnment for surrendering of Mali
tingham charters to his mi^esty, was pn irntaj
to hLs majesty on the 14th of 'August, it w9
scarce be a question, by what means, or boa
lawfuHy Mr. Mayor came by the seal, or hoa
valid such surrender is like to be.
^ This is the true case of the hurgesaea ai
Nottingham, who are ready to make good evai]
matter of fact, as herein stated, whenetai
there shall be occasion ; and doubt not but ti
prove it, if they may either be beard apM
their petition or caveats ; and howeveri|ueiliai
not but by the assistance of the courts of jaa^
tice they shall still preserve their rigfata, M^
withstanding all these endeavours that hafi
been used to give up Uieir chartera and S«
berties.
STATr T1?IAI3, 56ChablesII. iGi^.—ProtecJitign, S^e.
[105
P Pfocecfrrags against Sir Thomas Armstrong,** in the Iving's-
" Beoch, upon an Outlawry, for High Treason : 36 Charles II.
A,D. IG84.
Lr iitfi f%f Jiinr i5Bi> «ir Thomas
ii» tht^ liur of ttic
t "Wi-atrainster, by
i»rp«s» direct eil
[ if ihc Vmtn \*ni nmcU by l4i«r deatli
lirir
""5'
of 5i
?h.«.n, , ... hart
(til _ OH fllt'll
( tfjf OtlT , " I^CCOUttt
" te tile »cotii at Lrydtti, for
«ru«4 an httn ; nruf cjf livered
in gre»l
for jffit to
^^iitcs : for
i.at would
« re*! Kihi,
He wa»s
*' >lon-
lift?,
v^ u bear
ver eiTpy
' rtf ininJ,
r»rehe cs-
. whft saw
' he%*ou]d
H e Ills Ide.
fw when
I, Ire said*
r»lot: he
*r U\^ [if**:
tded will)
tbr tt man
i»e (injte-
lite-
was
and
ifbewrd *nrh
**<i ^K liltU«JJUlUlL*<I iu lilUl ■
'^v^l^Micfl fcftypi* the oounoi
tilMirf Ml |>Vii hut It
, W Bight hai^c II
«U be aiJii *
I tbftt vs
id In tu'.-., ,. ..... .!,
■if IL»fir«l triKkp oi t^tmnJ'*, tin(i ;f,'j
I^Ar bnr»e tn iH«^kM>L^ Tii^ ro
f Ibr wliirli I
I lb* timr tl
TV 1
, but wh
Wit: {'i*Utt was
Hv' Im» so eii!j V as
»- I tw I nine ih«t Kumseyhml
bun wmmfS not wifry crediMe ;
UmI It the ftftrt T- ' - *
I jP** »ikI tic
Ml ikt ammif tlicm:
r^ itii It m teeori the
ifgtyfcB^Mf, r ^ who
^■•M^^i <iie ffUKfda NO lonsf, kiicw
f'i'KC'bat tHMnm fcithrm so \vi»!I^ that
r ih^
utyto
TWe CiMirt 1u4 u ^ in »
' wmr witli binif y the
writ was on hi5i mQJestv's behalf mored for cm
Tharsdiij hwl by Mr. Aitortiey-GeDeral,
The retUMi of the writ was ix^ by the clerk
of the crown, hy which it appeared be was ia
the cnstndy nf ihc keejier of Newg^ate, by «
could save bim. H« was now in an outlawry :
hut thous^h the stritute was express, that it ao
outlaweif jRTSitn came in at any lime within the
vpai\ iie VVJ4S to hiive a iriiil nrKwhhstamling*
liii, outlawry. It ifas pretendetl iu ausv%er to
thii>, that he not corning^ iri^ hut being taken^
had not a riffht to the benertl of the statute.
But there were several months of the year yet
to run* And since a trial wai a demind
founded on natural justice, he ia^9ted on il.
And when he was broug^ht to the King*$-
bench bar, and asked what be had to say why
sentence shoiild not be execate<l, he cfaimed
the benetit of the statute. Hesaid, he had yet,
when bewastaken,s everal rnomhs to dehberate
upon his eoraing' in : and the seizing on him
before his time was oat, ought not to bar bitn
a rit^ht that the law gave bim. He al&n men-
tioned Halloway, to whom a trial was oiTereil
the former terra. And^ since it was a point of
law, be desired council might be heard to
argue it. JefleritM rejected all this : He said,
the king might either offer a trial or not, as he
saw cause : and he refused to hear council ;
which Unng demunded uj[*on a point of jaw^
the denyin**: it wjis thou^nt a Tcry impudent
piece of injustice. And when Artnstrong in-
iiiBted, that he asked nothing but the law, Jef-
ienea in hi^ brutal way said, be should bare if
to the full ; and so onlered bis execution n tthin
*ix days. And the law was executed on liim
with the utmt)«t rigor: for he was carried to
Tylium in a sdetlge, and was quartered, and hia
i|uarters were srt up. His carriage^ during hi«
im prison I uent and at his death, was fur beyond
wfiai <M>uId have *)eeii imagined. He turned
himself whoTly to the though, s of God, and
of another state ; and was praying continually.
He rejoiced, that he was brought to die m
Kurh a manner. He said, it was scarce pos-
sible for him to have been awakened into a due
sense of his 81 ns by any other methoil. Hia
i 't> and his resentments were then so ea-
IV conquered, that one who saw bim said to
...., ihtit it was not cany to think it was the
«ame (ktsoo whom he bad known fonnerly.
He received the Sacrament ; »nd ilied in so
good a temper, and with so much quiet in hia
mtnd, and so serene a deportment, that we
have i«carce known in oor tune a more eminent
instance of the grace and mercy of God.
Armstrong in bis last paper domed, that he
ever knew of any design against the king's or
theduke'a life, or was in any plot against tho
warrant from the hoooyrable Sidney Godolphin^
«»q. QHc of lib tiiajesty's principal 8eCT«uri^ j
of SlAte^ wbich Warrant toUoweth in h^c
Siiliiey GodolphiD, es^. of his majrsty^s most
hot). Priry Couacii«9nilprindp&lHt!crt*iary
ofSState.
*• Tlie-^euic in his niajt'sty'tj name to aulbo-
riae and i^iuire y«u lo retvive into your cus-
tody, from on Ixiard his majes^ty's yacht the
107 J STATE TRIALS, 56 Charles II. i eu.^Proceedingi agaifut [ IW
Catherine, captain Da vies ootmnamler, the
person fTf sir Thomas Ani"-*'^"'/ *• -t— i-. |
(br iki^^h-ti'ttujon, anrl hir.
majefity'ji prison uf Nt'u-^ , ;.._ ;.
plcasuft^ be farther kitovro, And fur m» <
thiH slkall he your irarrajil. Giveu uii-!
hand and seal at Whitehall, this lOtb
June I6l^^t4, In the 30th y*3iir <if his m:i
reigii, * S. ^ /
*' To Captain Richardson, K
Majesty *s PrisoD of New^aie,
•* 8ir Thomas Arn^-*—"' " »>• - h- —*-^--,
had in his |>ocketa
one IlayeSf a rnett .. . , ,,_, „.._.„,.,. ,
on wbidi Mr. Hayes is committed to Newgale
for holding correspondence with traitars.
" 14lh. Sir Thomas Armstrong- W9» i
from Newgute to Uie Kingr^s-bench bar, \
being' asked what he could ^ay why ei
should not be awarded ag'ainat himi lie f
outlawtnl and M) attainted upon an indib
of Hi b;:h -Treason, for conspiring' the death 4
the kintj^, Sfc. He said he was l^e^ond f
the time of the outlawry, which the
telling' him they could take no notice <
then desire<l that he mi^ht come to
and that his majesty would Qjant htm tb
favour he had offered to HolJowoy ;
court told him that Wlonffod lo bis n ^
not to tjiem ; then be saia be was within \
statute made b^ ^ E. 6^ c. 11, and deman
his trial, be being trilbin the statute, and de
council to argue the same ; but the court I
of another opinion would aliow him no con
hut made a rule for his execution on ~
next at Tyburn.
** 18th. The same day, also, sir '
Armstrong'^s daughter, pt^titioned the
King's-lw:nch that her father might I
W' rit of i^^n-or allou-ed him to rei erse !
lawry and so come to his trial ; bi|t the!
told tliem this was no proiier place to i
in ; they must go into the coancery for it ; I
there ihcy had been before, and the lord 1
was pleased to deny it.
" 20th, Sir Thomas Armstron^r vnai
upon a sledge with a very nuraeroi:
Tyhurn j where beingf oonie 1 >
nrayed with him, who itecmed ver\ ^,%^n
lie praveil binisflf albO very ferventlvif
done, he delit ereil a piiner to the sherij^
submitted hinkstilf in the sentence ;
lind hanged about half an hour^ he w«
down and quartered according to his i
and hi*] quarters were broug^ht back in
sledge to Newgate^ to be disposed of ■•
m^ajesty shall direct*
" Sir Thomas Armstrong*a quart,
posed of; a forequarter is set on '!
bis head on Westminster, anoihct ^u
sent down to the towu of Stafford, for i
was a Parliament-man. Q,u;ere, bovr^
quarters of the Popish Traitors were i
and quserc^ wbich of these fanatic ptotte
not set iip<
«^ July lit. Came oitl lUe Paper ttitl I
gorenunent. There were no remarks pub-
hsheil on hiii speech, which it was believed the
Court ordered; for they saw how much ground
they bad lost by this Btrelch of law; and how
bttle I hey had i^ained by hu» death. Que pas-
""ge in it was tbc occasion of thcrr ordering no
Msb reflections to be made on it, ^ had been
made on' the other sjteecbes. The king bad
published a story all about the Court, and had
told it lo the foreign minu^ters^ aa the i-eason of
ibis extreme severity agdin.<t Armslrong: he
said« that he was sent over by Cromwell lo
mnnler him bevond sea, and that he was
warned of it, and challenged him on it ; and
that upon his confessing it he had promised
him never to speak of it any more as long as he
hved* Scj the king, counting him now dead
in law, thought he was free from that promise.
Armstrong took this heavily : and in one paper
which 1 saw, writ in his own hand, the resent-
mam upon it were sh artier than 1 thntight
beetme a dying penitent. So, when that w^ls
represented to him^ he changed if: and in the
paper he (fare the shiriif^ he ba<l softened it
tnnrh* But yet he shewed the falshood of
that rpport : tor be never went beyocid sea
but once, sent by the earl of Oxford, and some
other cavaliers, with a cousiderahh; present lo
the king in money, whieb he debvercd \ and
brought buck letters of thanks froui the king
to those wlio made the present. Hut Crom-
well having a hint o^ this clapt him up in
prison, where he was kept almost a year. And
upon the merit of that servioc, he was made a
caj» tJitn of horse soon after tlie I'estoratton.
\\ hen Jt^fTeries came to the king at Windsor
so^m aller thu^ trial, the king took a ring of
^itod value from his finger, and gave it him
lor ihc-se services : the ring upon that was
called his blood stone. The kmg gave hun
one advice, which was somewhat extmordi
nary from a king to a judge ; but it was not
the 4ess necessary to him ; tbe king said, it
was a hot summer, and he was going tbe cir-
cuit, he therefore desired he would not driuk
too much/' Burnet, j77,
«< June lltb \^M, Sir TliOmas Armstrong,
One of the late fanatic plotters, and who stood
outlawed for High-TretLson, having l»een taken
the last week at liCyilen in Hollanti, by oriler
of tlie States, was bionglit iu one of bis mujesty^s
yachts, and committed last nigbl to iireeo-
wieh, and wai l]|is luorning committed to New*
g»le.
TATE TRIALS, 36 Charles II. l684.— 5tr Thomas Armstrong. [l **
^r George Jefferies) What would
Mr. Attomc}' ?
u (Sur Robert Sawyer) Have you
ry there?
-. Yet, Sir, here it is.
I. That which I humbly pray, ray
award of ekecution for the kin^jp
llMfiias ArmstroDg' upon the out-
Fint, we xnust file this return.
- 1 pray it may be filed.
Let it be filed : now, what do you
Attnrney ?
I. My lord, I pray an award o^ cxe-
I the oatlawry.
Anai{^ him upon the outlawry.
'. Thomas Armstrou}^, hold up thy
hich he did.] Thou hust been in-
LMidoD, by tiie name of Thomas
, of LimkIoii, knight, of hij^h-tretiiMn,
w^ against the kinjif's majesty's life,
ovemwcnt : for not aprM*aring' to
Irv that indictment by due process
lel against iliee, ufwu that indict-
rtaadest outlawed, and thereby ut-
he aame hi«;h- treason. What Irast
f for th\se!f, why execution should
ried agunst thee u]
la law?
I agunst thee upon that attainder
}nuirong. My lord, I was beyond
toe of the outlawry ; I beg I may
\ That is not material at all to us ;
hfe« a record of an outlawry against
^■■IrM^. I deaire to be put upon
X We cannot allow any surli thin^ ;
■ttar to do upon this re<*ord Mhrv
•■vara execution, (.'aptain Uichard-
ft are your usual da3-s of exfcution ?
iMiekardwn. Wednesdays and Fn-
fattAors. Here is a statute, my lonl.
1 Wfaai is the matter with that gen-
Uwmirong. Hold your tonnfuc. My
tentroDg <lelivcre<l to the sheriffs at
f his execution, wiicrcin he denies
«fa^yto Cmfnweiitbr tlie sei/.inpr
PhcniD Flanders ; he inveit^lis aifainst
liip.fC his ca<ie at the Rin<r*s-lN;nch
'Mied bis trial ; and does abs(dutely
iMg concerned in any plot ajufainst
lift or for alteration of tlic jfovern-
ri» the nCory of ilie lonl liouanVs
If ha |imfc»k'(l hiiusi^If to tlir in the
Hfeioo, and iu the Coiiuuiniion of
hm England, coneludini; with his
king and these |>04»r nut ions.
tv hath fjcf^n piravd :ts :i •^i^nril
• lord t'hi«^t' justice JifFriAK, to
rfriogoff his iiujfer,and |irrji»m
Mp.'*^ NarcbisuK Luttrell's ^'S.
■fall BeUtion," &c. iu the Co!-
V,Qilbid.
lord, there is a statute made in the 6th year
of Edward the 6tli, which I desire may be
read."
L. C. J. To what purpose would you ha?e
it read, sir Thomas P
Sir T. Armstrong. It piveth the prisoner, or
(lerson outlawed for hig;h -treason, a year's
time to u'versc the outlawry, if he were beyond
sea. I desire it ma^ be read.
L, C. /. Ay, let it be read. Where is it, do
you say ?
Sir T. Armstrong. It is in the 6tli year of
Edward 6.
Mrs. Matthews. Hei-c is a copy of it ■
[Shewing' a paper.]
L. C. J. Why, how now ? We do not use
to have women plead in the Court of King's-
bench ; pray be at quiet, mistress.
Sir T. Ar/mtrong. Pray, hold your tongue.
My lord, I could not come to alledge tliis
before, because I baye been a close prisoner,
and nobody permitted to come at me. I desire
counsel to be assic^ned me at this bar.
L. C. J. For wfiat, sir Thomas ?
Sir T. Armstrong. To argue whether this
outlawry oujrht not to be reversed.
L. C. J. Read the statute he desires.
Att. Gen. Ay, let it be read. Sir Thomas
will not find it to his purpose.
CI. of'Cr. What Chapter is it ?
L. t. J. You may easily find it about out-
lawries for treason.
Cl.ofCr. Reads. * Provided always, and be
* it enacted by the authority aforesaid, That if
* the party '—
Att. uen* Read the clause before that, sir
S:imiirl.
Cf. ofCr. Reads. * And that all process of
* outlawry hereafter to be made and had within
* this realm, against any offenders in treason,
* b(Mn<if resiant or inhabitant out of the limits
* of this reabn, or in any the parts beyond the
* sea, at the time of the outlawry pronounced
< against them, shall lie as g(K)d and effectual
* ia the law, to all intents and purposes, as if
* any such offenders had Ijccu resident and
* dwelling within this realm, at the time of
* such process awarded and ou'tlawry pro-
* no u need.'
L. C. J. Reod on the next paragraph.
CLofCr. I?(ads. ' IH-uvided always, and be
* it enart#*d by the authority aforesaiti, that if
* tin*, party so herer»lUT to Ik.' outlawed, shall
* within <mo year next iiltir tlie said outlawry
* pronounciMl. o! jinljrnieiit jriven U|Min the suid
* outlawry, yiild hlinsi'lfunio the chief justiee
* of Liiglsnid I'ur the time beiii^r^ and offer to
* tnviTse (he iiidietitient ora|)[)(>ul, whoreiipori
* the said omJawry s\\\\\\ |>r pronounced as is
* aforesaid : that then he shall be rteriveil to
* the saitl trn^iT^'. :'nd heiiv^ thereiip<'n found
* not <.'iii!l;. fi\ ihi. \enli»t r-f I'l Mien, hi;
* shall h'.- ele:ir!y ai-<|iiitted and di»-ehartrvd of
* tiiesiuM ouihivvry, and of all priialticsaiid f»r-
* liiiiures hy n :iN«Mi ol" iIm' ^a'n;', ill as larpo
' iivd anii)ie iMariiwr and firm, as though nu
' such outla\> ry had beeu uiade, any thing
Ill] STATE TiUAL3,3b*CHAliLES lU iSS^^Proceedin^B 9gami , [Ul
* herein cobUiMd to the coalrary in any wme
* notwith9UJ9din|>f.'
Jtt. Gtn. Sir Thomas, 1 suppose, now nill
thew he yielded himself to your loril!>hip.
L C. ). This i» the tirsl titne I have veen
sir Thonras.
Sir T. Armiirong, My lorii» I btve been n
piiiofier, &nd tbe yeaj* is not yet out ; 1 now
ftsndei' myself.
Ait. Gen. Before be went oat of Kofi^lanil
lie mig'ht hare rendered] himselfi and b^eu
tried, if be pleojed^.
Sir I\ Armstrong, I am within the benefil
ai tbe statute, t conceive, my lonl.
X, C* X We think otherwise, tir Thomas.
^ir r, Armttrottg, I think, my lord, the sta-
tute is plain in the case.
L, C. /, We arc ol* another opinion than 3 ou
«re ; it doth not reach vour case.
Sir T. Armitrong. "fhe year is not yet out,
and therefore I come time enough now ; and
here 1 am, and desire the benelit of this act,
X. C. J. Sir Thomas, you should have ren*
ikred vouraelf to me*
fkc T. Armitrong* I do it now, my lord, and
the year is not yet out,
L. C, J, We'cannot infce notice of that ; we
bave nothings but the outlawry, and you did not
render yourself according- to that act, but are
brought as a prisoner U^iori^ us nf»w.
^r r. Armstrong, BIy lord, I l>eg I may
hare counsel* to plead i\n me in this cas«.
X. C, X For what reason i^ we ar*j of opi*
Dion it is not a matter of any doubt For you
must not go under the apprebcnwion that we
«leDy you any thin§:tbat i^ ri^ht ; th^'rc is no
^oulc'nor difficulty at ull in theihiug.f
^ * * H ere the prisonif r was denied cou nsel u pon
« point of law, in which case it was never pre-
tended but be is intitled to it/* Former Edition.
f" King and Johnson, Mich* S* Geo. 2^
B. IL The prisoner was allowed to lie within the
benefit of the Proriso, and though he had es-
caped out of prison, and wax retaken in Eng;-
Inttd, was admitted to prove himself bt;yond
lenal the time oif the outlawry; and upon
proving that be was then at Middlebur^li in
Zealand^ his outlawry was reversed, and be
was admitted to a Tnal, and acquitted : Arm-
wKroog*u case was declareil a precedent uiA fit
lo be foUowed.'* Former EdiLian.
This Cane of Johnson is thus reported by
Mr. Justice Foster, Crown Law, 46.
*< Michadmas* a Geo* 2. B. R.
** The Ciiae of RocEa Johnson, cited twice in
Mr. RatclifTe^s Case, was thus:
** The defendant stood outlawed upon ou iu-
dicUnenifor UighTresi&ofi in diminishing; the
current eoiu of the kingdom, and was taken
and committed to Newgate. Being now
brougfbt to the bar by Halteas CornuSf he of-
fered to surrender himself to the chief-jaatioe,
pursuant to the act of the 5th and 6lh E. 6. c.
11, (being within the year) and to trai^ene the
t
Sir T, Artntlrong,
staiule is plain.
X. C. X So .,
have no advantagi
you shall httv
next.
Lin. I
So it h very plain thiit vou «■
antagebv it. Captain RicharddB
IV c a rule for t^xt^cution on Frvfi^
8ir T, Armittong. I would only l^kt; fiuti(#
of one Uiing, my lord, rnay I n^ieak ?
indictment ; alled^in^ that be was ai I
fjcyond the seas at the time the outhm^^ ...
pronounced.
" The chief justice said, we cannot rtfmt h
accept his surrender ; be must be renvi
Newgate ; and let a special entry be in. ^
he olfertfil to surrender, and to traverse the j
dictincnt**
** At another day in the same ^
feudant wa» was a\^;jiin br«»oght to
he tc!ndered a pWu iu p.ircluncui, - mm \
*" was out of the realm on the 8th of Fd
* when the otlllat^fy was pronounced/
pleadcfl over to the trcasou ; which plea
receive<t The attorney -gtufrid pra\ed
bemi^htha>ea copy of liie plea, and i
days time to demur or join issue; which
g^raiUeil ; tlie court declaring thut the attni
might h:ivc joined issue inttanter ; and that j
the trial of such issue the prisoner could
chislUi^^e any of the jury without cause,
pnsoi}er prayed counsel aitd had tour assig
** At another day ia the s^imc term the {
so**"- *' "- '^ ^Hr hnr, hy kave of the
\\ , LJiid pleadf^d the stib
ot ., ... .. ., ,.^..,;^ beyond tica on the 8tbJ
Felirnary, orv Unu*, The aiKkmey-g
ore t€niii repHed, ' I stay he was with
* realm on the Bth of February, and I xn^
' his being then out of the ri^lm * Issa* bi
thus joined^ the court awarded a venire rttflfj
able mttttntlr^ aud ihcsheriM, sitluitcthcc
returntMl a jury. Then the prisoner's
ojYened the |dea and case, and oalleil tb
nesses ; and the attorney -^enend insiiri
the witneases should be* examined api
were so examined ; as likewise were 1
UMses produced on the part of the
" The prboner*s counsel maoug^ed {
tn bts behalf, and three of them were Im
the reply j and the jury* after a short
returned with their verJict, * That the u
' was out of the realm on the 8th of Feu
** Then the prisoner was arraigued on \
indictment, to which be pleaded not g'u|^
and the attorney joined issue, and prayc
venirt returnable the first return of the 1
term \ which the court awarded \ and ihn {
soner was remanded to Newgate."
** This note of Johnson's case wi
cated to me by %uy good friend the late J
Justice Abney, The case is reported by i
jeaut BarnardLston in his iirst volume^ ftnd|
sir John Strange.
* <« This justice was refused to mi '
Anustrong in a Uke i
J
r^TC TRIALS, 56 Charles 11
1^* &f TttOdtav^ fery Treclj what
, A ^^^ while aq^o iUarti
':uw my
' TLottiUv Armiitroiitr. voii irmy
ofyour
ir<ii in;ii an t ^
V I !-.n>. ^
I'miigatnan,
f, tiow n ise
ffbrhirT^ ■ list
ft-' Ja^lice
'nJudgiueaU
•^ judjptnouU nil!
^.uUy of hjgli*irea-
I- T timv G'»d*
"« never pre-
'!» 1 mn da-
4-iu tadomy tJuly^
&iii, I uould only ftC^piHlnt
, in iviVreorc in what ?iir
' ■ J (lid in-
til* sriie, ao
. ( thai, JWin i^1^ irijjr .tV» per-
•iMitc reaioti for it, Gut the
no unrt <»r . M, I Mf. .-.►,.,:...
[tl»r kif^. For it '.
(brcn g-iv* u
J, lliat alWr llii» fljsappoint-
► IpnrQ liy the pftniflfficp of f :od,
" 'HmtI lit
IT c^idencf , hh pr(»itirtly
r .^►i, ♦,,, 1^ 4,1,1 ^,i,^.,j lie
'^ of cottirtiunira-
f i»CMfe nf Hoiioway, p. t, of thii
skinc's
to the
tfib Ittd kem «0 «t iiicutly driu-, it 04111
^teiCViH •*"* " "i« 'kivis (leenso
Il«ltt9f iry, ajsdlct
. ^ conicimii-
1 654.— Sir TlofmtJ Armstrong, [114
tioti with {preign mioisters witli nihev peopk
were tdken about him, sud will be
X. C. J. Weaie not to nieJdla at all wilh
tlie evi<leuoe, Mr. Attorney ; that is not our
LusinL'ss : here is an outUs^ry ; upon this out-
1"' ' * ' ' aitainted ; we have nothing mor«
1 do th^* d ut y of the court U|K)n this re-
r i^ III nwsnl exixutitjn Upon that ai
t jvearuJtjforit. Iftlieking
v\ i or sir Tliotnas Armstrong
what Im did ibr iiuUuway^ and indutgt^ him a
frin!, and wave the outlawry, wilu all oar
b. We are not digpo^tcrs oi hh gvac€ and
I , hut the ministers of his juslite. If the
kiijjL; will patnlon him, he may ; that is not our
busjnc'ss ; but all we have to do upon what is
' ' -^ UK» IS to C' ' ■' -id, and Avbat
1 ^oner mys . 4 of exet^ut ion .
, , ._ ,i.iveconsidti\x* t. ... ..i^. ..,i.% be a yieldiu^
within the proviso of this statute, and we think
it is not, nor on he, hy any means.
Sir 2^. Armilroni!,, My lord, I am witliin the
statute. I was outlawed while I Mas beyond
tk:a,aiid 1 come now here within the t\^eke-
month. That i» all I know, or have to say in ,
ihii* mutter.
L. V, J, We think i|iiitc tlie contrary, Sir
Thomas.
8ir T. JrfnUrong, When I was before the
council, my lord, they ordered tliat I should
have counsel allotted Vne, but I could bare no
benefit by ihnt order ; for when I was taken, I
wasi-obbett of all thi? money I bad, uud bavcnot
had one penny rvvtoreJ to 10c, tior any
money since ; I know not whether the law al-
lows persons tfi my cooditioo to be robb^
and stripped.
L, C. X I know nothing at all ofthat mat-
ter, sir I'liotaaa*
Sir T, Armitrong, My lord, I know lawvers
willnotplead witb^ ' -^li beingrolibedi
I couUl not havt- ;i?e lliem.
f (f >ii«- t:. ,,,,..,., ;^ ^ti(f, you tekt
mg- what ytju [th iise j you
^ fied, nobody ha» robbed you
Chat I know of,
Hir 1\ Artfiitrong. Nobody says you dc^
know of it ; but so it as.
L, C. /. Nay, be a» angry as you will, ttr
Thowas,»e are not concerned at your anger.
We will undoubtedly do our duty.
Sir '/'. Armtnm^. I ouudit to havetlie bdie-
iit oi the law, and 1 deinund no more.
X. C. J- That you slmJI have by ihe^raceof
God, See thnt exerution be done on I'rtday
ne)tt, according to law. You ahall have th«
full benefit of Ukelaw,
Then the prisoner was carried bark to New-
crtite. and allerwards^ upon a rtUlion»thc< 'ourt
' () I^irH. fVlauhewato be rd«ascd out of
V wiiliout ffccs.
urs4 of the contmry could, probably, ban? pre-
veiled to put so strained n sen^e ofi the statute^
in order to deprive him ol a Trial.** Fornix
Edition.
1
1 15J STATE TRIALS, 36 Charles II. \6^i.^Proceedings agmnat [1 1(7
/Hie Khcrifls of London ami Muhllesex, about
nine oVlock in the morning, coniinuf^to New-
^ati.', an«1 demanding tlii'ir prisoner, he was
forthwith delivered to them, and put into a
slei!«;e, and drawn to the place of execution, at-
terwli.".! hy a luiinerous ofuanl, and a3 great a
luuitbcr of spectators, (»f all de<>:rees and quali-
tiMi, as have been seen on such occasions.
He cuipl(»\>Ml the time be was drawing to
Tjhura in rei*din;,^"The Whole DutA' of Man/*
till he came within sight of tiie ([^tillows, and
tlien he laid ic by, and with lifted up hands and > That Mr. Attorney change
eyes, adflressodliimself to JK'aven, till he came I one of those that were to kiU the king. He took
and particularly of what Mr. Attorney accused
him of at the Irar.
That he prayed to be allowed a trial for
liis life, according to the laws of the land, and
urged the sUtute of Edward Gth, which was
expressly for it ; but it signified nothing, and
he was with an extraordinary roughness con-
deunie<l and made a precedent ; though Hol-
loway had it offered him, and he couUlnntbui
Ihinic all the world would conclude his
; very different, else why was it refusetl to him?
That Mr. Attorney rhanred him furbein?
beneath the tree, w berc he remained about a
quarter of »m h««ur in the sledge ; before he
asiTiidetl .the cart that stood n*ady for him, he
desired the sheritf to admit Dr. Tennison to
come to bin I : and having delivered a paper to
the sheriff, the doctor kneele«l down with the
prisoner, nnd pra^x-d with him about a quarter
of an hour, during all which time the pri-
soner prwiJTved a Lieeouiing and heroic coun-
tenance, little daunted with the terror of that
fate he was in view of: but rising from his de-
votions, he nulled off his cravat and bat, which
he gave to hirt ser\ant who attended him, and
had folio tved him by the sledge-side, when
kneeling down himself, he prayed for a short
time with fervency and dcvolion, begging par-
don of his God for those manifold and crying
sins he had been too often guilty of, and con-
cluded with a resignation of himself to the
God of Heaven and earth, before whose judg-
ment seat be was forthwith to appear, desiring
that the whole world would forgive him, with
w lioni he hoped he died in peace and charity.
Having thus ended these devotions, he ngam
stood up, c.d putting off his periwig, he nad
a white cap dehvereil to him, which he put on ; 1
and being soon after tied up, the chief of his | These Proceetlings w.. re afterwards enquhrf
di<tcourse was adtlresscd to a gentleman who l i„to, and censured ;is illegal by the House fit
stoo<l by him ; and a^er a short ^pitce, holding ■ Commons in 1089.^
God to witness, that he never had a thought to
take away the king's life, and fjiat no mui
ever had the impudence to propose so barbaroiH
and base a tbini<f to him ; and that he ne^'tr
was in any design to alter tlie government.
That if he had been tried, he could have prov-
ed the lonl Howard's liase reflections upon him
to bo notoriously false. He concluded. That
he had lived, and now died of the Reformed
Religion, a Protestant in the communion of the
church of Englaml, and he heartily wished he
had lived more strictly up to the religion he
belicveil: That he had found the great coni-
ibrt of the love and mercy of God, in and
through his blessed Redeemer, in whom he
only trusted, and verily ho|»€d that he was
going to partake of tliat fiduess of jo^ whirh
IS in his presence, the hopes whereof infinilelj
pleased him. He thanked God he had no re-
pining, but cheaii'uliy submitted to the punish-
ment of his sins : he freely forgave all the
world, even those concerned in takinff ^ away
his life, though he could not but think bis sen-
tence verv hanl, he being denied the laws of
the land.'*»
up his hands, he agjiin ren(*wed his prayers ;
his visage little changing all the time, till the
very moment the cart drew away ; the execu-
tioner Imving pulled the cap over liis eyes, he
continued his prjyers all the time, and even
whilst he huu'^, as b)ng as hfe was in him,
and he hud the counuand of his lips ; afler he
had hung about half uu hour, and ih<.' execu-
tioner had divested him of his npparel. he was .
out down atrording to his sentence, his privy i
roembers burnt, his head cut oil", and sluwed
to the peopli: as that of a tniitor, his heart and "
iK)weU taken on I, ami c<Mn!uiltc*d to the thuurs,
and his bmly quartered into four parts, uliich
Mailis, \1 November, 1689.
A Petition of tlie l-.idy Armstrong and hsc
daughters, wa.; read ; vvficreujiou a l.'ommittM
t was uujMiinted to examine the matter, and
make tlieir roporlto the House.
*' Resolved;
^^ That it be an instnu lion to the Committer
Thnt they examine who were the judges tka
gave thi* sentences nuainst sir Thtnnas Anm
i^trong, and who v^ere the prosecutors of him
and who had his (stute; and how the pcti
tinners inuy have iriiiralion : and also to
■(edinjrs v.ei
mine whiit proe(
rverc in order. to
with his head was oMi>ey«Ml bark to Newgati, i ^.y\^ of trior by him desircil, aiid how it caMS
to Ih' divposed of according to his majesty's j xa be dinicd, and by whom : And thcvare t
pleasure; and were afterwards publicly ex- | make their lepoit w'ith all convenient spccd-f
I»osefl.
Ilu? sub'»tan'*e of the Paper de-liveriMl to the
sheriff was, ** Tiiat he thanked Almighty (i'wl,
he foiuid liiniself prepand tor death, his
thonglitsMt upon uhiithi-r world, and wcani't!
Iioiii this ; \i>( he could uot but give ho much
•f kiri 111 tie lime as to uns\\eT some caluiunics,
l\1artis, 19 November, 1C89.
Mr. Chrisly reported from the Committf
to whom the ^Petition of the lady Armstroim
and the daughters of sir Thomas ArmstM^i
was referred ; a:i account of the whole pB^
« See 6 Cobb. Pari. Hist. 415, 516.
171 STATE TRIALS, 3^ Charles II. j Gu.^Sir Tkomui Armstrong. [1 18
iiitber ; ami sir llobert Snwy^r f (then AtU>r-
oey-Gener-al) being' rmminJ hy lier, as i»oe of
itie prosrt'uiora ; atier slie wus wlUidruvvii, ht
was heap I hi hts place lu vUiat uns otijeiled
against liiiii, anti thi^ii lie wUhdrew, ami m\kh%
itebute of the uiiilt r, li vvas re^oU«d, '' Tiiut
sir UoIk'iI 8aw^)'£r*ia name be |Htt into ihc Bitl,
[ia#*n ft*r»;nst him ; and that thereupon ihcy
[ 1 . ' •A nnslrong's rilea oiigh t
iW^c uct-n ,tu4naiiHi, iircimJiii^ lo me stutiUt*
«f l>dwftrd (I, iind that tlit' tfxrcution of him
' '*r hy outlawry, was illegaJj
(jrt'ttHice of justice.
extMdlOTs uod heirs of sir
>)^i ou^ht to have a I'ejiara-
.-i out of the etitates of tliuse
i writ: iaih jii*\i*,eii ttud |irfi«cM>uturs.
[ 3. •• That a Writ of Error for the reversal dt
|jti4c^)<^ot iu fcl'ioy or Ireasoo, i»» the right of
i nJijffct, &nd outf-ht to lie granted ai his de>
ib^ ind ts> fitit an art of gnxce or favour ; which
uaj be denied i^r granted at pleasure. '''*^
^ 1\> ill whtcb Resolves the House agreed.
^ BeMdvod,
I** Thwi U«ivt? be given to brinjf in a bill to ro-
Pihi- ivHrnfiiirr -f Sir ThomaH Artuslroofr^
taitrt II to his .vidow and chil
- of the judges and pro-
I mad the aaine to he without feea.^'
Btmiidiij tlje ^2oili of Jauuaiy, 1089.
\ Mr* Chmly rcjiart*?*! from the Committee,
mbods the htU for the annulUng the Attain-
*d «r Thomas Amiiitron;; v as {"ecocnniitted;
ti«ake witfudinetiUi to the bill ; a*^ abo who were
li» |in«Hsiitoni ; an* I aliso \^hctt losses sir Tho*
itn imitfb^oo^'^ tiiniUy huil snstaiue<1, by
I of the altainder f and thereufHin it was
Richard HoUoway, sir Fnincis
i executors of the lute lord Jeffe-
[pii, tttif «f tlte late justice WaJcoi, >lr. Gra-
1 Mr Burton, do HitemI the Housf on
r OHnrtiini^ uext, to answer to «uch mat-
I ir» cliargeil at^n^in^t them touchtuy' the
I o^inst »ir Thuuias Aniistroii|^."
Thm Mrm. Matthews^ sir Thuuius Ann-
' inkog'f daughter, was called in, and examiix^d
italic ktMfW of the prosecution a^nst her
* 8ee S^lk. 5>0i, and the boolcM there ciietl
SrTM'int Wtbon^s edition, contr. H. C.
J ^lod. 47 ; in the rontier of which
-^uf, * This «3eius to he a cwnc of
et durus sertno/ ^^ee^ too^
' , p. L of this Volume, and
*4 iL«tx:ti(i'e and taiDeron, and also
iiifa Hejt^ of the tVown, as there cited.
f " The ra«t fcamlii*f and iihility of sir Ro-
1 Sa^s^ r," «;av^ Mr. llur^-raTe, (Preface
f* on the Jurisdictiou of
Cnrliatnent, cxli^ Note)
hed by hSs ivooiicrfutly
sinfuiut-nt for the crown
1,1 i niii]*»u t|no Wart^uto caiie in the
rCbiiifii the **'Cond By thus referring
vof
_,. ^,..^, : 1 ■.. l-':'bert
lite atf a ifienibcr oi parUaiuent and
^ift particuJar* lathis ^reat struggle
of the Couuiions about nppellaut jurisdiction
over equity he took a decisive pari ii;{uui»t th*
claims ot the Lotdh. Alniut tive yHirg otter-
wards and \« Uan im Umi been Speaker of the
Commons, he was made aitumt-y i^enerat, aad
in that uttice so couducted liie stale prosecu*
ttous during the latter part ot the rel^u of
Ctiarlea tht; second and for some year* ol th^
rd^rn of hii» bii^oited and unfitrtunaie successor,
a^ to tender himself very ua|Kipiil;ir if not odi-
ous. But a i'ew months before the Kevolution^
sir Robert, havings itdwiefl to bupp<irt tiie did-
nen^iny^ power [See the Case of sir Edward
lliil&s, in this CollecUon, ^, n. 1086") claiuj*;d by
king James, wh» removed from oificc : und
then he was singled out as ooe of the counsel
fur the bishops on their trtalH, [pee their Ciuie m
this Collection, a. f>. 1688, J and acquitted hiin*
self with di»tin^ui^hed abdity >?ee K Bum.
Iliit. foL ed, 742. lu the Couveniiou Parlia-
ment, he wa*; zealous aurumsL Jaoie^i ; and in
one of the debutt^!!^ previou«» la the vuie of Abdi-
cutioo, eveu W€nt the Icuj^thof ^saying; *- in all I
' have read J nev^n Luet, iu no sihoit a reigOi ,
' witl^ the laws ^ viMhitcd und the prerogative
* so stretched/ ^ Cobb, PafU Hist. 48. \V hen the ^
Revokttion was accotiiplintied, there s^eemed to
he a prospect, that his ^vc^i U%wX and p:irlia«
itientary abilities would raisr him ag^ain iiit4i '
some hifjrh official situation in the law. But
bis rivals were catfer ui uke advantiig^c of his
iitriiier eoniiuct: and his harsh procf^cdioLfa
uitifain^l sir Thomas A rmsjTt"/ ^^i'" was exe-
cuted on an outlawry lor > i notwith*
staii<hng ull the cannot :ii; , - etfort^of*]
his lady and her friends to obtain a ^^rit of er-
ror to reverse the judgfuenlf the leK'aliiy of i
which was niMst ap|iarencly fjue*tionablc. soon
gave the oppcfftuiiity^ A |M*tilion of lady Arm«
stron|>; iiud htsr dau|<luer» wjis presented to thft
HousL* of Couuiions ; and the result was im-
plicatm^ sir Hiibert Sawyer a^ the leader of th# 1
protjecutioii, and in respect tif it he whs ex-
pelled the i{ou!»e of CofuuiouS. it ts ob-
ubservable^ that this petition of lady Artn*itron^
produced a tiesohitiou of the Houe« of Cuui"
mons, * that a Wni id Error tor the revental of J
' a judgment in felony or treason la the hgbl I
* of the subject and ou^ht to he i^rantefl at hit
* desire, and is not nn art ot gnue o*- favour,
* wfilch m«y be denied or granted at '
This Resolution paired ttie 19th N >
H hicb w as about two nioutht bt t
f'\pukiou ; and it seems from
count ofrh- ^ ' '' ' '
coarsie b+ ! t
gratttiug ui ,...,::- . , i i
grounds. But on the other Imnd ti
remembered on his bebaU, that the
3
Fmie of the pro«ecutore of sir Thomas Ann*
strong."
Re^ihed, " That sir Robert 8ftwycr be «6-
pelkd the House for the same.*'
Saiunlay the 15th of January* 1689.
The House beioQ^ acc^aalntcil, TbJil acconf-
inr to tfu'ir onler, sir Frauds WytUens> sir
llichaul Mollo^vay, Mr. Cimham, ntwl ^ir.
Br*' '^ '^'luk'ti at the door, thry wert^tevp.
ri iti» aud examined, toiidiiu§r the
L'l . ,_ . , ^ iiud Pioceed iu ifs og^isi t>i r Tho-
^ Ai-m^trong»
^ ^.sil uJwrt the executors of the late lord Jef-
ferics, that were litteudini; at iheHoor, were
likewise vu\\ei\ in* aud askeil what th*'y ^Hd to
iny, w bv rejmratiou should nni bv made out of
the lonf Jc'flcrif^'s t'slate, to the said sir Tho-
mas A i t ' (.imily.
No i ]>earing a* Executor* to the
late juritm If ui« ut ; the House wns aci^«ainte<l
tbot he died iote^tate^ and had not left ao estate
•ufBcieid to [lay his flebts.
After the t^^rsons before nientiooeiJ were
heart! and withdrawn, 31 r. Biaucy was called
in, who gtive the House au aceount of the pro-
ceetlingT? in the court of Kiug'i •bench, upon
lite ftivarding execotioD against sir Thomas
Armslroug'.
Aud then the House pn ![>on the
amefjdraents ruaJe hy the ^ lo the
bill, for aunulHn|tf" tlieAttaHHH.r < 11 vjr Thomas
Armstrong : anfl arter havin*^' inserted the name
of sir Rotwii Sawyer, as a proseeutor, and re-
solvttl. That the sum of five thousand jjouods
ihould be paid hy the judg^es »nd proseculors,
to sir Thomas /^Vrnstrong^'s lady, ajid children,
B» a recompene^ of the losst^ thev had sus-
tained by reason of his attainder, tlic bill was
recommitted (upon the dol»ate of the House) lo
the sauie Couimtltee.
Til is bill not p^ssrngr, the Attainder stood in
force liU 6 Wilhara iind Mary, wlien it was re-
versed upon a Writ of Error In ihe King^s-
" eoch ; ibr that the record did not mention
here the court of Hustings were held, the
da Dro Chitatt' London Ijeing omitted. 4
Mod, Hep, 366.
t A COPY of the IMPER dehrered to the Lord-
Keet»er NORTH, the Lord -Chief- Justice
^^ JEFFRliYS, aud Mr, ATTORNEY-
mm GENi^R\L, by the Lady ARM-
^" 8TR0NG, on the behalf of her husband
I Bir THOMAS ARMSTRONG .
|l My L(.rd ;
I am iiifornied, That by the common law of
nes^ examined against him admitted, that he
did not dcmaitd execution of sir Thomas till the
judges had declared theQisel?es» and that as to
die Writ of Error he said it was oot in iiia
iKVwcr to t^aut a Writ of Error, but tliat the
tug or lord kce|x.'r muM be applied to by |>e-
nl oral
Bug Umd, any cnati that was ouu
or tt'eoBon, might brim; a writ <
?erse his outlawry; which was to'
» f?x debjtft jusiicia* ;' though it nil
r¥^rtf>er f^r suing for such a writ of «
' .» W by way of petitioii (l
( ! uonstmncc de drait lor U
ami so It Uiis re<K>lved an Niuiau Mtf
Co. 4 Inst. *!.').
Next, by the common law, if aay
in Ensrhiud at the im»e of the exigei
and went out of the realm alter that,
theoutlnury protiounr^d, he couki
sign that tclr error, that he was h
at the same time of the pi'onoatictng
la wry; and the reason is, be«iii««
hereat the time ol* the awan i
aud mi|£ht reasouubly havt^
On the other side, If any were cju
land during the whole process and |
tion of the outlawry, it was never 1
Imt that was an error, and might I
for error, either hy ihe iiarty or hia I
eouuuoti law, and so continues to
and was, not long siuee, adjudged in
case, the Irishman, who came io
years after the outlawry.
Then comes the stitute of 5 ai
6 cap. 11. and enlarges the law fcMr
of the outlawed person, aud gives k
to assigu for error, that he was bej
the time of the outlawry pn»uoiinc<
he could not do by t^ommou law,
siaiote ; and so continues.
Then comes the proviso, and say
must come iu within a year, aad n
self, to be entitled to the beiietil o1
which was to atisigu for crrtir, tlkat 1
yoniJ se<k at the time of the o<utl
uouueed>
So tiiRt, my lord, upon this short i
law, an<l mv husband^s case* be bei
sea all ihe time of the (rrocesH^ and i
of the outjiiwiy pronounced, it is co
is well entideil to assigu this for ei
common taw, without any aid of I
ttf..M.ri, ift^ nroviiio iu tliat statuta
I 4 him; which f with tub
!i - J of many leiimeo f
tlmi he IS within the tntetit and i
proviso, for many reasons ttni
your lordKhip witli now.
Therefore I do hope that
husband's being the first case
was executed upon an outlawry (tl<
desire it) luay have thai **t-jaht with
shift ih.it U dcMi'r^es : iind do hiipe
lordship will so »dvi^•e the king ii
law (wdose counsel you are), that n
may have a writ of crr^ir graiitetl
counsel ussigatil him to ar;iiie these
by the law liss h«den allowed to crimi
piUil cases, with whatsoever else si
upon the record of outlawry urodu
a« yet my buaband, or any lor him n
"4
Lsa mm
STATE TUIAIA ^ Ciurles II
»nm^ ift Rm|^ Nurtii'ii ftdeccc of
Mi :i]nAu'*itn>H I
' il u wril
t «ii«l^ wa<K oiaU««v<Hl lor tiit^ Uv<? Floi
j«pfM»nl u ftir
I his
9«^ii«i iM ji-iK* :* ^\^^l oi • in r^ ami bc
tB ||lcfliil. Hut the jut^^^cii utre *'t
>—"»•» IfTutlj^Kt ■'» I'^i ►' " f' 'C'ninst
« f«nrf«rri ;i the
I, litrcttpou I ate^L
|w*jfi-p fnr n writ of>rrnr ; jinil, i'Xti-
P ^ittuid that
telt tr«a<»on,
ULixU out u itUtJut a H armi»i
'ISeiK'rml ; lior U im mot u wrU
vour ; aiut ' ' ', cJe-
_Ti»t Mpal lijid
But t.
mil»<jliM«4: ]' i<r It.
iii^ afWrvt ^ . it^d
ftr^iiit (iC a (liecc of comnum jiihiic*'
^^VtiiOkl; »ihJ, n^Wr tli*' H' volutiun,
li^-ffuin ii» o|K'ii uinmt it.
»fi«per was lrnuK-il, mimI pul
of MiriaM nil (iiWi K, ^* hn tin il
ifl»nE|irtflcoi fAHher, ihut, K It
«^ iIm cufiilor li» UHiki^ nut wntii
m. Ami
I, ih llmt
^ ,.. I,:tl1 to UlM
^H' ti..- li'tuial
t2, 'I'he ap<
apL<etal viriiA
rlri uutitein ly otKfii court, or Uy
^t wladihtm^ (raoM, m fins i» wkiU:
^tai M«e Uf^i 4
il writ Htt«*H'i
^,«4tttii
« II
^^thBRfiaAltograi
):ii4 in Um?
. 1 68 i.— Sir Wowirf Armitrcng. [ 128 .
ever iiia<lt* in tlsil caxe. 3. An oniJ applies tfOQ
in prtrale^ m not to \*e lecfanled, because Umtc
iii uo ccitniulv of >TUat la cither allied or d^* 1
hum) P.r.«jin*s*» of that kiuU, ui ool trLisi«4 |
; hut majii U; in writiug-, because
» 'Hprr is iittt to nohcii atiy m^irs luii]
iil hiH iuj>tau4^e. lie may direct ifheihiiikal
lit, hut is not hound, 8fjiU)in!i must liiJlow iQ
the j»h»|wr f>1ii«'#-s; and it was nc%er lieanl th«t !
sucli suit It as nmiU to the lord keeper, but from
the person ivhuae am* it is. There Yvaji rca*i
Aoji to endeavour a rif^ht uiidentundin^ at tbaij
time^ w hco roramittt^ts of br)lJj Houses afkaft 1
nertj appoiotrtl to enf|tiire mU* tl»e foregoing J
proi^ecdinf2fH. Th&t itt liie House of Lorda w$m j
rulJed tlur Committee of Murther. But alUv j
all uivtUnU of t oquiry Uiat could he taken
upoo outh or oilierwiaife, oo k)ame Has tuuud in ,
^Tiy indite or mimster in the time of kin^j
Charles 2, VVht<'li, ys hiiM been touched al* 1
rcady^ is a vimlicatiorv that few ages, pot t4J
such atrial, ^uld hope Ibr/'
A Copy of the PAPER delirered by Sir Tbo
■AS ARWfTRttNG to the Shmlf.
1 thank Almighty Cod, ihon"^l> I Km ve bail
but a short time alhw^ mr, I r pre- 1
pared for deathi and cny thofi;^l m uao^l
tUer viorkl ; aud I trust iu (jod's mercy, 1 am]
\^t4\ weaoetl from stttio}^ my heart on this : '
yet I i'linttot but givt- so miK^h af my htile lime^ j
(o set down in ^viitiug my answetM to aoiiie t
lumnien raifted since my clu^e imprisuruneiiL 1
HA well as what Mr. AiU>rtiey accused me ^J
ut the bar. I was told, a very i^reai peri&D i
f was a spy of Cmmwetf's. 1 was sent fron
'''"'•• ►ly the hetii and loosiilerti blest frietM
\u\ then, with hilU of exchange,
wry great importanre lo his majeitjf j
1^ ; I appeal to ltismaje«t} if I delmr*
t)Ot sale, and Iuh answer to ifa
wheu 1 TL turned : Whieh I hkd not bc^n abof#l
nix days hut 1 was elappetl up a cto»e prison<9J
in the Gatehouse, and in extreme dani^r
my hfe for that journey. Before this, 1 ha
been a year in Lambeth- house a prif^ooer ]
and alW a prisoner in iheTower^ when ibe
Uiiurper dietf^ und riear starvintT in evefv one nf
ilN*in : tery dl treatments for a «py »qu a ueo^
sioner \ My lord td' Clilord and many alnert
ol' quiihty, will 1 think, testify my iuuoccficse
UI tlwj* point. 1 protect, heftMcGoif I wns itercr
a flfiy nr pcnstniier to Cromwell, or any other
wan, On Haturday last I was brought lUiwtt
to (he King's- bench l»ar, ou an outlawry of
high treiisou : I was aiiked whut I had Utaty
for my^ell, ihatjodifinetit of d*ath should w^
pass? I aoHMurod, Thai I was heyciwl nem
when the ouUawry tame out ; I thought t|ie
law allowed a wnt ol error to revrrne it ; I
prayi^l I nii(^hl he allowed a tni»l for my life,
lunmlmg to the bw^of the bud; 1 ur|^c4
the statute tif Edviard r»th, vUitdi was ex-
presH for it ; but it *iigiuB«^d nothing : I waa
coiidciiimed, and made a precedent ; thougli
I
i2S]
STATE TRIALS, 36 ChablbsU. l6si..—Proeeedingi. ^r.
[IS
Mr. HoHoway a little before had it ofTered him.
I cannot but think all the world will conclude
roy case very different : and why was it refused
me ? Mr. Attorney accused me there for bein^
one of those that were to kill the king as soon
as he came buck from Newmarket after the
tire. I take God to witness, I never was in
any desiorn to take away the king'& life ; neither
had any man the impudence to proi>ose so
basc^ and barban>us a thin^' to me ; iieitner was
I ever in any desi<^n to alter the government
of England. What I am accused of, I know
no otherwbe than by reports, and prints; which
1 take to be uncertain. 80 that it cannot be
Expected I should make particular answers to
them. If I had been tried, I could have prov-
ed my lord Hcmanl's base reflections upon me
to be a notorious falsehood ; for there were at
least ten gentlemen, besides all the servants in
the house, can prove I dined there that day.
I have liveil, and now die, of the reformed
religion, a true and sincere Protestant, and in
the communion of the church of England. I
have found the great cdmfort of the love and
mercy of God, in and through my bless<
Redeemer, in whom I ouly trust ; *and I <
verily ho]>e I am going to partike of that fu
ness of joy which I believe is in his presence
thebojies whereof do infinitely please me.
thank God, 1 have no repining at my he:ui ft
the condition my sins have most deserved I
brought me to ; I have deserved much won
at the hands of God : l!fk> that I checi fully sal
mit to this punishment, as being taken off bi
a small time sooner, i do freely forgire 1
the world, even those concerned in taking awi
my life. As for the sentence of death pam
u|)on me, I cannot but think it a very hard dim
being denied the law of the land, as I thin]
To conclude: As I never had any desig
against the king's life, or the fife of any mai
so I was never in any design to alter the gn
vernment. I die in charity v^ith all the woriil
and therefore I heartily pray God to bleas tl
church of Christ every where, these jxMir ni
tions, and the king's majesty ; and I heartii
commend my soul to God's infinite merr
through my blessed Saviour, Jesus Christ.
Remarks upon the Award of Execution against Sir Thomas Arm
STRONG ; by Sir John Hawles, Solicitor-General in the Reig
of William the Third.
trial to sir Thomas Armstrong, which waanen
denied any person before nor since, wjhere
was agreeil that all the mtnesses agiiiMt til
]ierson accused were alive, as in sir Thomi
Armslronjj's case they were, barely upon tfe
quibble of^thc word * nMider,' which in no c
that ever I rciid was ditlerenced from.^t "
but in one cast*, which is Smith and
case, in Cro. Car. 58. in an outlawry' for deb
against husband and wife, which will not<9
tend to, or warrant the judgment in this can
and if there were but a doubt in the case, as
canuot be denied there was, the outlawry oogl
to have lK*en waved, or ut least counsel 1w ll
prisoner heard as to the [M)int.
It was a vain and unjust reason (and onl|
tending to incense tlie thing) assigned by A
attorney, that the prisoner was one who aett
ally engaged to go, U]K>n the king's hasty cMl
ing to town to destroy him by the Wifl
whereas the prisoner offered to pro\'e his intfi
cence in that and other matters of wbk^_ 1
was accused : and even that objection agaili
him was an invention of the attorney's, i
any thing appears \ but then it was remlvw
stop at nothing, and success had made tb^
fearless. Fitzharris and Colledge it was
AT common law, if a person was beyond sea
when an outlawry was pronounced' against
him, it was an error in fact, for which the out-
lawry was to be reversed ; and it is ah error in
all outlawriw but fbr high treason to this day.
By the 6tti of Edward 6th, that error is taken
nway in high treason, but there is a proviso in
that'statute, that if the person outlawed shall
within a year afn^r the outlawry pn>nounced,
yield himself to the chief justice of the King's-
bench, and oH'er to traverse his indictment,
and on his trial shall be actiuitted, he shall be
dischai-ged of the outlawry. Upon the con-
sti'uction of this statute, no judgment was ever
given that I know of ; and the reason is, no
man outlawed was ever denied a trial till this
time, if he was taken within a competent time.
The reason of making that statute was this ;
men would commit trc^ason, and presently fly
beyond sea, and . stay there till ttie witnesses
who should prove the treason were dead ; then
retnm, and reverse the outlawry for the error
of their being beyond sea ; and the witnesses
being dead they were safe : and therefore this
statute takes away that error in part, though
not in the whole, and doth in effect say, that
the person outlawed shall not have advantage
of tnat error, unless he comes and takes his
tiial within a competent time, which that statute
limits to a year al\er the outlawry pronounced.
This being phunly the sense of the statute,
was injustice to deny the favour or right of a
had hard measure, and that their cases bM
be forgotten, their quarters were buried ; ■
sir Thomas Armstrong's were exposed, tboOl
the proceedings against him were equally. |
unjustifud>le as in tike other two cases.
STATETRI ALS, 36Ch arlesII. l6S4,.^Proeeeding9, against TUugOates. [126
Proceedings on a Writ of Inquiry of Damages* between his
Royal Highness James Duke of York, in an Action upon
the* Statute <Ic Scandalis Magnatum,t and Titus OATES,f in
the King's-IJench: SSC^harles II. a. d. 1684.§
Imyil highness the duke of York, haTing-
^ la action a^inst Titus OateSf ^roundecl
ilhcrtatntc tie SramUIis Matrnatiim, for
rimderous and opprobrious words, the de-
ls to the Writ of Inquiry to assess da-
Id^ and the execution of it, nee tbe Books
Ptacbcc and the Laiv Dicttooar^*, title
i^nent 1;" title ''Writ of Inquiry to
■ Oamaj^es." Under tbe first of these
iiilbe Law Dictionary, edition of 1U09,
■U, ^* the number of jurors sworn upon
■fMSt need not be confined to twelve ;'*
fa BQie is laifl down by Mr. Christian in
ill* S Blackst. Comm. .'^98 ; hut no au-
ihria suj^port of the posiiion is citcu except
Gmc ot OHtea : ideb qua^e. It appears,
hdOL Comiu. 398. Law Diet. tit. Judg-
i 1^ that by the judipiicnt out of which
Wnl of Inquiry arises, <' the sheriff is
■Miled, that bv'the oaths of twelve honest
i^mhd meo, be inquire," &c. For the
U'wgf in ciTil suits, the sheriff is coin-
■Ml H diat he cause to come, &cc. tweke
^ ai kvfal naeu, S^c. to recoy^nise the
fk^kt. Hee Law Diet, title Jury IV. As
tIblVik if Inquirv in Replevin, see Scl-
llfiViiMn, Replevin, sect. 9.
f Alii Aeietion for Scandahim Marrnatntn,
^ M*ja*i Abridgement of the Law of Nisi
** * . Sounder.
. ia tills V<»liime, the Reports of his
Sir Peijury on the 8th and «Jth days of
MBS.
t^fteCrequency, about this time,of prosc-
■■H fcr de&maiory speeches and writing's,
'~^ I way be formed from the follow in'*"
I extracted from Narcishus LuttrelFs
t « Brief Histnrif;al Relation," &c.
I^liv. 98lfa, 1(»B2, btin<r the last day of the
^ Mr. PULingf cm, late sheriff of tioudun,
piM»ihe court nf Rinse's- liench, and ren-
Undf into custody iu discharge of his
IhAeSkaodalum Ma^natum by the duke
ifuostbim.
} 3d, 1683, was a trial at bar iu the
iu a Scandalum Ma^^natiun,
the duke of Onnond a|f dinst Mr.
•pttcringtDn, for speakini;^ these words
PS Iht be was a Papist aiid in the Irish
Ifailtv of hiirh treason, to bis damage
~iM. fbis was tried by a substantial
ki eouoty of Surrey : the witnesses
^ tbe words were Narrative Smith
ttWarcup, who swore very home;
Miiidiiit making little defence, the
ite guiag frou the bar, timnd fur
fendant suffcretl judgement to go against him
by default, uud thcreui>on a writ of inquiry was
taken out, directed to the sheriff of the county
of Middlesex, to enquire by a jury of that county
the plaintiff, and gave him 10,000/. damages ;^
upon whicli Hatherington rendered himself
into custo<ly in discharge of his bail.
<< April 30, ICStl. In the afternoon, at the
Nisi Prius for the county of Middlesex, before
the liOrd Chief Justice Jeffcrys, George Caw-
dron, steward to the earl of Clare, was tried
upon an information for speaking very scan-
dalous and seditious words of his majesty and
the government, and was thereof found guilt}'.
**"May 3d, was a trial at the King*s- bench
liar, in an action of S«!andalum Magnatum, by
his Royal Highness, brought against John
Dutton Colt, es((. a member of parliament for
the borough of Lcmster, for very scandalous
words spoken of the Duke, which words being
fully proved, the jury went from the b:ir, and
presently came in and found for the plaintiff,
and gave him damages to 100,000/.
'* His Iloyal Highness, some time since,
commenced an action of Scandalum Magnatum
against Sir Francis Drake, bart. of the county
of Devon, for words spoken by him of the
Duke about four vears siuce; wluch he hearing
of, and that a writ w as coming dow n iw arrest
him, tiiought tit to abscond, and is since gone
beyond sea, and has, as i:; suid, dis|)osal of his
estate, thinking it better to ha\e his liberty m
•A foreign country, than be laid up iu his own
for 100,000/.
** His Royal Highness has brought his ac-
tion (if Scundahiin I\lagnatum against Dr.
Tiius (>ates for words ; aud not being able to
lind bail, he wjis committed to the Compter, *
and since turned over to the King's-beucb.
prison by ITubeus Corpus.
" 9th. Kdward Noteworthy the younger,
esq. plead(»l at the court of King's^bench >'ot
Guilty, to au inforuiation for these words : He
hoped to see the judges hanged that tried Fitz v
liarris.
" 12th. George Cawdron, convicted som<
time since for seditious words, came to recei\*{
the judgment of thr court, which was to pay a
Hue of 100/. to stand [qu. in the pillory] in thu
Palace-yard, at Westuiinster, aud in Clare-
market, to fmd surelirs of his gcKMl behatiuur
for life, and be committed till this l>e done.
"31st. Kol)ert Julian came t:» the court
of King's-bcnrh, and pleaded Not (luilty to an
information, for making and pubiisliinir that
sciuidahms IIIm^I, lM*ing a ballati to the tune of
" Ohl Sinum the King.*'
" June Hill. J'ranci> Smith, bookseller,
STATE TRIAfJS, 5<S Cn.II, }6nu—Pn>(redhf^$btiw€m (ke D, vf Vork [1
fihould bfc oxrcuted nt tboharoo this ilay, \
tbiit ilie hi^li Micrifl*«)iotilda|i(M^r nml ar
cheexecutiod of the writ in penwri. Accordi;
Iv ibis iluy sir Peter Daniel, kt. and Sooii
fliwUuwMl^ e*q. the ihen sheriffs of the ro«o
(if MickltcMMrx, came into tliis court, iitiil
iwbaldacnage&tlie plaintitrhml sustained there-
bVf Mttd upon ft inoiioii madf? ai lite court riT
KuigVbrnch, a day was 14-ivfm to Uie di»f«>u-
dant^ to shdv caUfeVhy l^at writ of inquiry
■liauld not he executed at the bar of thul i>jw%
which be Qot doing, it wa» ordereil, that it
nt the Ele^jhant and Castlef in Comhill, was
tried bdbre the Lord Chiel" Justice JeflVrys,
%tju>x\ an iitformalion for Rritidii£[^ and publish-
ui^ ft scandnlous lihel callc<i The flaree 8he» ,
ul' which he wils foiiuil giulty ,
•^ June 18th. 8ome time since the duke of
York broMg'hl his actioti of ^icandaJum Hag-
tiatum against I>r. Oatcs, upon which he w^s
ajTCJiteii and committed for wunt of hsiil ; be
thou^t it not fit to stau'l a tnal, so lot jinlg-
inent pass by default, upon which u \Viii of
Ivnquiry of dania|i?ei4 was nnited for, and or-
dered tabe at the KJnj^*!^- bench bur ihiH day ;
nhich Qccording-ly came on, and a {iiry Was
aworOi the shcntfa of Middlesex att«?ndin«;' : the
ivordiv were proved Tery fully, being- very hcmi-
daloti!(, with several other malidous \i0rd5 of
hif tjtoken of his Royai Highness ; so thiit the
jury assessed damages to 100,000?, and 20*.
costs of suit. The words were ^jKikeii two or
lljree yetwrs ago ; atid the dijfendant niride no
dd^ce mi mS^ nor did any one a^^pear fur
litm.
*' One Hindmarsb, a bookseller, convicted
of printing and rnjl>ii^)n:nrr n Mnsphemoufi hbel^
entith-d. The 1 ler NosttT, was
iieniLntt*e<l to p. _
•* Francis Hnnih^ convicte^i Intdy of printiDij
and publishing^ that hltel, called, 'Tbt Raree-
Shew, was brotighi the 18th to the Kinsf*s-
bcnch bar, and sentenced to pav a fine of M)Oi.
^Aand in the pillory at the Wlaceyard, at
Iminster^ at ihc i* emple, aiul at the Royal
bange, and the libel to be burnt by the
foranion banffiuan, and to have a paper set on
biiii sdiinilyiftg his crime ; to Hod Nurelii-^ for
hb ^ood behariotir for life, and bu committeit
till all this be done.
*♦ Nov, 3d, 163^, Robert Nicholson and
Wm. Dalby, two of Oates*s men, pleadetl Not
Guilty to iotbrmarrous far speaking scandalous
and seditiou«f word^j of the Kiog^ the Duke, and
the Government.
" Nov. 13th. One Harris, an attorney, of
WmdbOf, convicted of speaking steditious words
again^ tlie king, was sentenced to pa}* twenty
nobles fine, and to stand in the pillory at Reatf-
iDg, Abitigilon, Newbury, and Windsor.
•* The same day alsiti, Julian, secretary to
the , convicted for publishing many
■candalons lilieJs, was scnlcnrcil to pay 100
marks fine, to stand in the pillory at West-
minster, at Chi»ring-cross> and at bow- street,
and to be boood to his good beliaiiour during
Me.
** 13tii, wn% a trial at the King's-bench Ijar
against Mr, Edw. Nojicworthy, for seditious
irords, in saying. He hopt-f! to live to see the
judges hant;iHl that tried Fit/^surris, This was
lata tt> bt don« m WiltshircN but tha witnesses
testifying the words to be spoken in
shire, he nas acuuitted.
'* 15lh. Nathaniel Thompson, the
printer, was brontrht to fhf court of Kinj*
bt2»ch, and p|e;idL'd Not ftuitty to an indli
ment for printing and pntdishitig a soiindak
popish likl, enlitJcd, The IVtwIigal Son
tnincd hnni**; which denies the king-** sup
macy in ecclesiasitical atfairs.
**"20th. Elias Bosi, convicted
since for drinking a bijlth to th<
pious Stephen Colledtje, xtn^ ^'"
court of King*S'beitch, and
1,000/, fine, to stand in the ^
minster, at the Kx change, and ut Guddti^
for the space of an hour ; be bound to Uk go
heUuriour for life, and be committed till thisf
done.
** 2(3tli. Nathaniel ^
thcri? for nrinlini^ ond p»i
popish li(>el, calletl, The s*n»ai;^\ii ni
liomc, and ihert^ot found gnihy.
* '2Hth. .Mr. Butler, of N-v*!' "- ♦ -■
convlcteil the last assises, for
readrng the Addn*ss of the F.
county to the & night ^i of the ^
l*urliamcnt, was brought to lh»
bench to receive the juilgincut «f tUr ixmti,
which «ns to pay a fine of 500 marks, to ti»ii
sureties J or his gt)od b^javiour for life, and be
committed till this is done,
'' Jan. 93d, 1684-5. Being the finl^
term, several persons appeared at the <
King^s-bench, being bound thereto, a
their app^rances recorded. Then also, Milj
Fleet woiid and sir Thomas Hamwell
Not Guilty, for publish inj^, jjrinting, i
iug a liWI called, An Address to the j
of the Shiie for the Coimty of Northa
*' 23d, Mr, Henry Baker pleaded Noil
to au information for scandalous words a^
Che duke of York ; as also one Norden did '
an indictment for publishing the acaadalo
libel in vindication of the lord of Essex.
*' Then, also, sir Scroop Jl
Guilty to an Information for t.^
fleeting words on the duke of \ ^t n..
^' F'eb. 11- The same day Didhy and 3
cholson, Oates*s two men, convicted forsficd
ing seditious and scnndalous words againit I
late niajesiy anil ilii* prt*seot king» were 91
tenced eacli to pay to/, fine, find sureties
life, and stand in the pillory in all Uie reroi
able parts of the town.
♦» Nov. 16, 1686. The court passed j
ment 00 the attorney, Mr. Edward ^
being convjcted of speaking w ords againit I
t'barles the F'irst ; he wa^i adjudged to ]
when taken, 100 iiiark*fme, and he impri
till paid."
STATE TRIALS. 36 Chtarles 11. j684.— «iii{ Tilut Gates.
[130
e taUe at the jud^^ feet, ivcir,
■Bcutiou of the writ, covrred. Mr.
■ the then Under-Shcriff maaaged
eeded in this manner.
trif. Crier, call sir Charles Lee.
OS avez sir Charles Lee. [Who
eriffl Yoo shall well and truly cn-
agcs, between the most illustrious
s dufce of York an<l Albauy plain-
ts Oites defendant, and tdercin a
pve according to your evidence.
God.
ereat were sworn thus .
friff. Sir William Hill, sir Richard
id air John Berry ; the same oath
B hath for his part taken, you and
Ibr jour parts, shall well and truly
elp TOO God.
trifi Thomas Harriot, Thomas
'alter Brydall; the same oaili, '!kc.
•e, Thomas Done, and William
■me oath, Vc John Sharp, and
fBoU I the same oath, ^4:.
iaaae to have any more than twelve
SrOeor|i;e Jefferies.) How many
iHfe? Prmy swear au odd number
m&o.
wif^ Then I will swear three more,
%■ just fifteen.
iBven, Nichohis Baxter, and John
i|Mne oath, &c. The names of
^ upon the Inquiry : sir Charles
Wmt William Hill, knight, sir
■Mon, kt. sir John Herry, kt.
■iot, Thomas Row, Walter Hry-
I Qttise, Thomas Dune, Willi.im
iflharp, Noheniiah Anioltl, Franris
halaa Baxter, cscjnircs, John Kirk,
mif^ Gentlemen, you are sworn,
I'awriL
ftytreaditto tlicm.
iiny *• Charles II. by tbt Grace
d, Scotland, Fraiu'e and (ro-
of the faith, Ncc. to the
K, Grc'utin^ ; wlitTcas th.*
law orince James (hike of York and
V at the noblcrs and po<Ts uf
V mist dear and only brother,
1^ &C. lately in our court Itcfure
■hater, by bill wiiiKMit our writ
HlMOates, then in the ciistolyof
Itfoar31arshal««ca,b(>iore us h<Mni>f,
RM in a statute made ill the pur-
llhard 9, late kini; uf En;;l;uid after
l( tiddatGloucesUr in th(^ second
l^iBfl unongKt other thintfs : it is
etty probt]>ited, ' That from
I be so hardy to devis<', tell
a, flukes, earls, barons,
■ and great men of England,
r, treasurer, or eierk of
1 of the KiD4,^'tf housc-
* hold, justices of the one or the other bench,
* nor of other g[reat officers of the kingdom
* aforesaid, any false news, lies, or any such
' false thinp^, whereby scandal or discord with -
* in the said kini^dom might arise ;' and whoso-
ever should do thU, should incur and ha\c the
penalty otherwise thereon ordained by the
statute of Westminster the iii-st, as in the sta-
tute aforesaid is more fully coutaiued. ' And
whereas the4th day of Decemljrr hi the 35th
year of our reijyn, and lon|f before the yearly
rents, issues rnd profits ari.sin[r, n:* due and pay-
able for or bv reason <»f the (;^enera1 post-olfice
within this Iclnffdoni of £o{>^land, for the car-
riajLfe of letters, before were ercrtetl and yet are
established upon the said most illostrious prince
Jame: duke of York and Allmny. The afore-
said Titus Gates the statute aforesaid not coiisi-
derinyr, Imt the ijootl name, slate, credit, dimiity
and honour of the said James duke of York and
Albany, our bnither, devising^ and maliciously
intencfinsr to hurt and detract, and him tjie said
James duke of York and Albany, our brother,
into the g^reat displeasure and hatre«l of us, and
ofthe peers of this kinpfdom of Kng^land, and
also divers other vcucrahle persons our subjects,
to bring, out of his meer malices and envy had
and forethought, the aforesaid 4th day of De-
cember, in the year of our r«*igTi ilieS5th, at the
parish oflSt. Martin in the fields in the county
of 3Iiddlesex aforesaid, uikui a certain discourse
then had and muve<l by and between the afore-
said Titus Gates and divers of uur liege people,
of and concerning the aforesaid James duke of
York and Albany, our brother, and of and con-
cerning a certain letter in the hand of the afore-
said Titus Gates at that time being, divers false
news and horrible lii*s of the aforesaid James
duke of York and Albany, our brother at that
time, and yet being ofiiie peers and nobles of
thia kingdom, in the presence and hearing of
divers venerable persons, publicly, falsly, mali-
ciously and scandalously sjiid an<l relate<l ; and
with a loud voice pubiish(><l in those English
wonis following, viz. * This letter* (the letter
aforesaid, so in the hands of thorafoi-esaid Ti-
tus Gates, as is h(>iorcsaid being, meaning)
* cost uie* (the said Titus Gates, meaning) * nine
* penci, and migiit have been brought for a
* penny, I niiniseli'tlu! aforesaid Titus Gates
nii^nning) '. Know noftody is the better for it,
^ but that tniitor Janus diike of York* (the
afortsaid James (hike of York and Albany
our only brother iin^aning.) And the afore-
said Titus fnrtlnT de>ising an<l malioi-
ouslv inteudi.ig the aforesaid James duke of
York and Alba!»y, our bn>th<'r, into the hatred
of us, anti the peers of this kingiloni of Kng-
land, and also of divers other venerabh- persons,
and our subjects to bring ; out of his nieer uia-
Uce and envy, had and furethouirht, tin; -itli d.ty
of GtHXMiiber, the year uln»>»-;'.iil, at the parish
of St. Martin in the ii-.'liis atiin-^uid, in thu
coimty of Aliddlesex afor<.*said, upon a ciiiain
other discourse then had and movrd by and
between the aforesaid Tiles Gates and several
of oiu Mege ]>ct)[tlc of and coDcerniag ihe
K
1^1] STATE TRIALS, 3ti Ch. IL iSU^^Praceedings httwem fJU D. of York [131
ouly brother^ meauiag) * is a traitor/ Aod tbe
aforesaiil Titus Gate* furtiier contririDg^ and
nialidou&ly iiiteuding: the said Jaicnes duke of*
Vork our brntber, into ttie hati^ of us, atid of
tbe great men of llils Liugdom of fingiaiid,
atid al^ of divers otber venerable peraons, anil
our tubjects, U> bring, out of his ineer in^ice
i^d envy, had and lorethoug^ht the aforcstid
6th day of December the 3' ear aboveaid, al
the parish of St. niiiriin iD the fields, in the
couDiy of xMiddlesex albresaidf upon certatii
otlier discourse at that time had nno mored by
and bctweeo the aforesaid Titus Galea and
divers of our li^e jwople, of atKi coucemiiig
the aforesaid James duke of York and Albany,
our only brother^ thvers other false Devrs aad
horrible lies of the aforesaid Jaraes dtike al
Vork and Albaiiyi our only brother, 1
that time and yet being one of the ooblasl
[Yecrs of tills k in js;dom of Euj^landi to the pf^
stance and bearing of divers venerable persons^
publicly, falsly and maliciously said, related^ and
uith a loud voice publislied ; to wit, ^ tliat the
* said duke of York M'as a baitor/ By reason
whereof the said James duke <if York and
Albany ) our only brother, iu his reputation^
honour and digtiity is Tery much hurt and
scaudalized. And the said James duke of York
and Albany^ the grace, good oplnioa and esteeoi
which we and otli<^rs the great men of tbu king-
doin of England before towards him James
duke of York and Albany, did bear, utterly loti,
and divers rumours and scandals between rery
manv uoblc« and peers of this kktciloiii of
England^ and other our subjects, by toe ooca^
i»ions alore^id, Avilhin this kingdom of Eng-^
Ismd, are arijiieD and divulged, and great scan-
ilalK and discork by occasion of the premiset
between huu tlie oioresald James duke of York
and Albany, and divers nobles and great men,
and other subjects of this kingdom of Em-
land, are ariiven ; and daily more aod more in
the like may arii>e, to the great disturbance of
the peace and public tranquillily of this king-
doiu of England, and in contempt of us and
our (government of this kingdom of England^
and to the ^reat scandal and grievance of htm
James duke of York and Albany, to the da*
niLi£;;eof him the said James duke of York and
Albany, our most 'dear brother, 100,000/, ; A$
he then said, mid thereupon m our court be-
fore us it was so pr(K:eeae<l, that the aforewiid
James duke ol' York and Albany, our only bro-
ther, bis damii^cs against the said Titus 0*«**
Ijy occaeioti of the premises ought to tei
ilut because it is not known to our court I
tis, tvhnt damages the aforesaid James «
York and Albany, our brother, hath tui
as \vell by occasion of tlie premises, as
costs antfchaigea bv him about his suit i
bcliair expendetl. 'therefore we com man
that by the f»atliB of good and lawful tt
your bailiwick, you diligenlly enquire wjj
mages the aforesaid James duke of Yo
Albany hiith Husiaincd, us well by oocai
the prrmisLs, a* fur his costs and chaq
him about bis suit ui this bebalf, ex
aforesaid James duke of York and Albany our
brother^ and of and concerning a certain lettei"
in the hanil«j 0*' the aforesaid Titus Gates, at
that tiuje bein^, divers other false news and
horrible lies of the aforesaid Jame^^ duke of
York Jiid Albany, our brother at that time,
and yet l>elug one nf the tiobles and peers of
this kiugdoui of Eugbnd, and our only brother,
iu the presence and heanng of several venera-
ble |>crsans, publicly, falsly, mnliciousty and
scandiilonsly said* related, and with a loud
voice published, viz. *■ Thij* letter* (the afore-
said letter 50 in the Imnds of the aforesaid
Tiius Gates, as is bcforesaid btfing, mean-
ing *■ cost me* (tlie aforesaid Titus Gates meau-
in^) * nine pence, and might have been afforded
* Hir n penny, 1' Jliiiisclfthe aforesaid Titus
^^tcs meaning) ^ Jcnow nobod} is the better for
^ll, but that traitor James duke of York' (the
kforesaiJ James duke of YoiK o^-^r **o]y hiother
ncuniiig.) And afterward:*, to wit, the 5th
av ol December in the 35th year above*
aid ; tlie aforesaid Titus Gates further devis-
ySi^ and maliciously intending the said James
|duKe of York ar^l Albany our brother to scan*
dali^Ke, and into the furthei dls^deasure and
batred of us, and of the gicat men of tliLs
kingdom of England, out of his meer malice
untfcnivy, had and forethought, at the parish of
HL Martin, in the lields aforesaid, in thtf county
^ Middlesex aforesaid, the said fiflh day of
December in the year abovcsaid, upon certain
rc*^' iirse of the said James duke of York
, divers faUe news and horrible lies
^oi 4 1 1 ; J M r. said James duke of York and Albany,
li^ubllely, tali ly, and mulic lull sly said, relateil^
land with a loud voice published, to wit' That a
» letter in the hands oi' the aft^n »»aiJ Titus at
* .that lime being, cost him the aforesaid Titus
*. nine pence, but might have been brought for
^ one p^nuy, and tliat he knew no body to be
I* llie belter forit^ but that traitor James duke of
' York / And th e a fo resaid Titus Gates furth er
^cotitiiviifgand maliciously intending the afore •
itid James duke of York and Albany, our only
r, tuto the further displeasure and hatred
^ and of the great men of this khigdom of
and also of divers other venerable
J persons^ and our suhjccls, to bring, out of his
MDeer malice and envy, had and forethought
L the 6th day of Decanl>er, in the 35lh >ear
laboiresaid, at the |>arish of St. Martin in' the
Ltelds, aforesaid, lu the county of Middlese:!^
[afore^id, upon a cenahi discourse at that time
I'liad and movetl by and between the aforesaid
I Titus Gates and several of our liege people, of
I And conceniing the aforesaid Jamc!* duke of
► York and Albany, our brother, lUvers other
[ la'se news and horrible lies of the aforesaifl
I James duke our onJy brother, at that time, and
L yet being one of the nobles and peers of this
[ kingdom of England, in the [»rcsence and hear-
I ing of divers venerable persons, publicly, falsly,
[.mahciously and scandalously said, related, and
> frith u loud voice puldkhed in these English
[ wordi^ following, to ml* the duke of York V(tlie
dbresaid James duke of York and Albayy, our
England,
idlllBB i
>3
STATE TttlALS, 36 Charles II iS&i.—and Titus Oalei.
^^^■llie inquisition whkb tlicreupriti you shall
^^k. ^<ia ibftU hare beiore tis ai Westminster
^pWedonsdiiy next after ihree weeks of tLe
^Wy Tdinily, under your «eal, and the seals of
ihcm by whose oath you take that inquii^ition)
flistjoctly aod openlv you send^ and this writ.
Teste wO^OTgGieflreries^ Knii'htand Baronet,
^ Westminster the thirtieth day of May, in
l]ie y ear of our relg-n the thi rty ' Kt?ct b .
" Ri. Sifift, Henlev."
Ifou ftre to (Inquire nhat damage hi^ royal
fcyhiifM tbe {lUuDliir has soi^taincJ, by mvmiA
4ilbe |ir«0U9e» ; ss also, w hat cost^ he has
Ittiti ttUMSUlL
Jr. BMt$e$. May it please your lordship,
K)fr. Hlien0^t ead gnitlcoien oftlie jury,
I roryai hiij^hness the duke of \ ork is plain-
I aod Titns Gates is the defendant : and
, m an arlioti of tr^spas^i and contem[itj
(ted upon the statute of Scandal urn Mag^-
I wbenmi bis royal hig'hiiess sets forth,
i 8ucb a statute \ras made, prohi-
; standering the great men and peers
^dom, and the plaint iff being the
brother, and a peer» the defendant
CHtrse between him the defendant
other persons, aljout a letlvr that
at had then in b« hands, publicly,
TUfith an intent to scandalize tfie
f, ffpoke these English words : * This
neoniDg the letter then in the defen-
'«) • cost roe* (meaning the de-
pence and tni|nrht have been
a penny j I (imraLiing" the defcu-
nobody is the litftter for it,
lor James duke of York ;* inean-
tiC
D, this is not all, the Declaration
ftaoa ftirther, and says, that the ilefpodant
TttEmliiig further to vtWdalize tlie plaintiff, the
^of Efert*fiiber in the 35th year of this kings
ii|mi a fi:^.-i^"«.«.^> hiid aud moved by and be-
taatu h iidnnt and ^onte other per-
■Uki, in k , 11 CO of divers venerable per^
•Boa, add tiicse words of the plaintiff: * The
*4ake tif > Hrk' (meiuirn^ the pliiintiff) * is a
*1Aiilor :^ aud this is Ifdd to the plaintiff N
kma^ of 100,000/. : the defendant has not
pluded, atiil the plaiT>tiff has si^^ned his jtnlg-
Aot; a»d now yon, t^ntlernen, are to enquire
«f the diniag^es.
An. Lien. (Sir Robert Sawyer. I You ob-
ferre, ifentlemen, the words are aelcnowlcd'^ed
by the dciendant's; (K Ihuit, and n<*t pl'^fidinu" ;
i»lbatr^' •^ ^«^ *' «i * f.-u iso^netl 1)^ him, and
foa are of the dnnmtr«LS : ^m\y
tbiiik% : I I niitliiny' to iKi sarilfor
Ibt ag^raYAUon of ti^em, they ure words oftlie
fatebcat nature, in lespeft of slander and scau-
m, that can be »[H)keu or th(»t*t;ht of, uccusin^
Mm of treason. We lihull only eall yon some
wteCMMSi to prove tiii^ way of discoun;e to be
ftlicsiiitint habit in all plai-es. and among all
aod eom|» uiH the
Dent, ami y myul
ibe pkUiUi , ^1111 M^*'^^ yfii Will, I
know, ^Te such damages as may be fit to re-
pair the plaintiff's honour.
Sol. Gen. (Mr. Finch) We will call some
witnesses to give > ini an account bow he Uiies
to treat the jdaimiff in all cmnpnnieSt cod wc
shall be^in with Mr. Siiuth. And the truth is,
the proving ot the wonls, will dcnionstrate iho
malice of them ; and the manner and c-ircum-
stances of speaking, uill make them appear to
be such, as ueeil nothing' to be said for their
aggravation at all. Swear Mr. James Smirh,
Under- She? iff\ The evidence that you shall
give to the shprlffs and the jury, sworn about
the matter in question, shall he' the truth, the
wljole truth, and nothing but the truth.
Siii, Gen. Mr* Smith, pray will you tell the
court ami the jury, what you have heard the
defenfhiTit Oal essay of his royal highness
jSwif/t. At the last Westminster narhament,
as I was sitting in a coffee-houne, I saw ^|r.
Dates, he had a letter in his hand, and he said,
* This letter cost me nine pence, it might have^
* l»een brought for a peony, 1 know noboily
* that is the belter for it but a traitor,* to the
best of my remembrance he said, * the iluke
* of York/
Att, Ocfu Swear Mr. Pennistnn IVhaley*
[Which was done,] What words did you hear
Mr. OatM sav of his royal highness ? '
Wfitiiey^ iHie lime was either tlie Easter or
Wliit?iuntide after sir Thomas Gascoigne's
trial.
Sof Gau What were the words you then
heart] him !;ay ?
?f7m%- It was at the bishon of Ely 's table ai
Ely house. 1 had received the Nacrament at
the cbapel there that day, aud so had thi^
Boctor too ; it was upon- Easter- day or Whit-
sunday, 1 sup{K)!<e, becsmse I never useil fo
receive the Siicrament here in town, hut one
of those two times, and Dr. Gates and 1 were
sitting there, and some discourse happened
about sir Thomns Gascoigne*s Trial, aud he
fell very foul upon the jury, and said, * They
* were a contpany tif profligate villains* (or
some such e\pre$(<rions as he was wont to use)
and said, * He would have them attainted/.
Then said 1 to him, llnctor, you are a good
man at a matter of tlict, hut, I doubt, you are
not so at a matter of law. Upon that, we came
to some high u onls about that and other things,
aTvd among the rest of the discourse, he said,
* The duke of > ork was a traitor/ Upon that
1 s:iid to him, Ihictor, you lie umler a gredt
error in that, I suppiwe, by u^istaking a rtta-
tt'.tc made against popery ; says l*e, * No
' matter for tlkit, I say he is a traitor.' Then
there were some other ilisenuracs happened
afterwards, and I began to reply, aud growing
both of us pretty wanu, the l>f>ettir called to
his two men, his luyinudons, that a'^etl to be
alu nys with him, and iollow him up and
down : said 1 to him, Nay, Doctor, you need
not call your men to vour us«*istance, there is
n<[ ' '* • ' v(»u ; do you think the
It [Hit a protection good
eoni. ;:,, „a Einv iwiY iiiat comes here ?
i35] STATE TRIALS, 36 Ch* IK iSU^ProeeB^theiwemthfD.o/yWk [136
X. C J. Where wai* tliiu. Sir, pray do you
fay ? — Whaley. At the bbbop
X. C\ X VV^as tlie bishop tbere, then ?
Whaky. He vius at ibe table, hut at a great
pdistttuceirom tw» the Uoetitr atid I sat at the
[lower eml of tlie table. Aiierwardii I bt^g^ffd
kibe bt^Unp of Ely^s pardon^ lor lining' so Wt
Lftiul liiud :tt his tubte ; bay» ibo bi«iho|) to me,
t ■ i I bank you kindly for it^ none of us dare talk
l' Kidi bull.'
X. C. J* Aod tbia you say was at dintier
oftrr till' Sacrament w «k over*?
W hairy. Yes, it waa so.
Mr. Softh, Tti«ii swear Edw. Johnsoo.
[Wbicb WHS done.]
JH, Grn. Mr, Johnaont Pi"ay will you giv<;
f lite court and jun* an accouul, Vvhat tWoursc
r.youhtt^e beawJ from the dctendant, Mr. Gates,
I a^a)u<»t the jiLinlitY*
Jghmon, Upon the ?3nl of Aupist, 1680, 1
^ met Dr. Ofttr^s, auti said, i^ood* morrow Doctor,
[ all tilings will 3^0 utll xiitw
L X. C, J. You meati him tljey call Dr. OatcB,
F ) aupposv.
L Johnson. Y'es, they usied to call him so;
Lsnid 1; ^oodriionow Doctor^ all thitige will
r*^o 11' 1- I'i'v, liir \Uere ts a |tarliauient to meet
[tii« ' No,' said he, * not till York
I* is 1 1 ifcvd or ban'^cfl *, hut of tlie two,
Mi^iiigtu^is liiv iUtC!i»t for him.* Said], do
Dot faik K*s l>i>c!tor : my^ hi* : ' I speak no-
j* tbiug btii^b;*! ii true ; be has a (^»od bro-
I • ther» but he takes all the (Niuntes in the
^' worbl 10 liodo biiu :' «nd tbea tke Doctor
^'ftud tuylord Jlouard wiut away togetber.
Sol, Onit Hwear Jlandalt Bowring. [Which
I was done] V\ bat have you heard M\\ OdXcs
f fay of the duke of V ork f
I Bttccrivg, Abofil theujtdille of Oclobcr 16?9,
[U»ere were several penwus at dioner ul:h the
I Pocior.
X. C. X W hut Doaor, prithee ?
Bowrin^, Mr. Gates.
X, C. X ^Ir. Gates we know vcrj' well, but
p we do noi m» wvll knovv who thin Doctor is.
Bau>riitz* They iisid to cnll him Doctor, or
I sh«Mdd not have taken upoti me to give bttu
t the title.
X. C. X U'elf, Iff* Oh : there were several
I persons at dlntier vutb him, and uhut then ?
Boiiring, Tbv- '■ -- -led some discounne
ConcermiiLT bis t r^a.
X.r.X WIm: ..:.?
Buwrin^, At Ins lodj^in^^s at Whitehall: and
igcuihiivan Ibat waii tbrre^ siiid, Incase his
KiDyaj hi|L»liuess were a pujii^, how sdiouhl we
lik'SttPured, that iu rase be iHime Irt tb<* nieces-
rvion of the crown* he wonhl n«>t bring' in|K>ficry
•nionit "!» ? Then the Dotlur rL'plicd, * I would
r • not imvcyuu troidjie yo-jrNclf about that, for
I * he *»ball Ix' hunted before that lime.'
Atf, (Jin. U'IThI bai-e v«hi heard him say
»i)V where else ; al Foster- Lane, oranv oilier
place ?
Boivrirtg, Aller tbe^ertnon be had preached
S i\i Fo4rter-Laue church, tlte church war-
dens, and fionie of tlie parish, invited liim into
the vestry to drink a jjlass of wine-
X. C. X What r He niade as if be wmU
preach I here ?
Bimtitig. He did preach therr^ and then ihe
cburrh'Wardenii invilcd him to dinner; but
then be asketl tht^in, ' If ever any of ihcTii ba4
* dined with James duke of Y'lrk, al any of
* the feasts of the city, where the duke used to
* come stouietiuiGs ?' To which none of them
answering a word^ he replierJ, * He won
■ dine with any man that had eat with tb*|
Aud so wonld not go to dine with tli
went and diued at a private hrasicr's by Lowil
Wall.
L. C* J, An excdtent goepcl^preadier up
roy word.
Att. Otn. What b raster was that .'*
Biifftriug. Truly I do not well know
name.
Ait. Gtn,
Bmiting,
Sot. Gen.
Where did he live f
By LondonWalL
Then swear Mr, Fairfax. rWh
was done.] Pray, Sir, tell my lord and ttif? j
what words yoti heard this man speak of
n>yal hig-hne^^.
Fnu'fax. May it please your Jord&hip,
August 1679, 1 hup|*eued to com« into til
company of Gates the detendaut, upou the i
count of an eleclion that was to be of pari
ment-mcn for Grinstead in Sussex* by tht ■
meaufi ot one Auckland ; Gates wha to j;u doint
Uitlber in my lord Wharton's coach, and tbea
vie came tirsi to be accpiainted and aflerwardi
we frequently did eat to^ctb*T, ami became
very %vell acini ain ted. And in my lord Scro^^^s
lime, when lie was loni cbicr justice, there
wai» &omc prcseutmeiit intended to be hrouflbt
in by the ;,nand jurj- here at the lenm, agtmst
bis n>yal btghncjis for beh>£r ^^ l*up'''*< ^"^ ^^
cQjx\\\\^ to churchy nnil tins Gutcij viai* the
mniu profsecutor of it. He was u^trd oflt u lv»
coroe up to rne, aud speak to ine wireu he iiici
me ; and I was about tliat time watkin;:; iri tlu
couit thiit wa^ huilt up here for the trial ol (Ik
lords in the Tower; it was aOer that 1,1 .mI
jury were di&missied, which was done a iU\ : i
two before ihcy used to be d^smtri^d in \W it-
dinary course* and wulkin^f ibeN: I met iij-ux
and said I to him. Doctor, nuw you arc non-
suited, what will you do now? * Gh, sayj, b**,
* We will do well euiKJ^li ; thtre Mil# l»c a >tv.
* sions atkr the term, and there we \\\\\ u\ bim
* a^aiti ; iind we will have no more r<*}n»rd \\%f
* him, than if be were scavenger o< Ki nt-
' strem.* And upon that he ^as called nwaj
from tne, and he went away.
SiiL Gtn, 8wear Mr. Pbihps. [Which '
done]
Ati. Grn, Come, Mr. Phihpa, will vmt 1
quaint my lord and the jury, what yoa
heard Gntefi say of the duk*' of York ? .
Phi dpi. In or at Kiut January (1678) mxy^l
please your lord*ihip, J T*a»» in the com pan %
one DciU'(Hi* nt Gates'.^ hMlj^inRs at Whil
where Mr. OttJes said, * He hoped lo st^
* or nur master Jrimr ' fmcaniug the dn
STATS TRIALS, ^6 Chables U, i6S4.^tmd Tihu Oaiet.
[I
I siipfioiel * at Ihe
DOM s Atiii it would
lo^ldlil to uppear there,
Pmj virnl WM the occasion of this
cIIicniirsG of his
u\ him.
dflo io
8at ikp yoa
TV> •■ tW9, Mr. Dmooti and L
09W lame be to menlioti your
hmk fiMl any relation to \he aer-
iy lordf we had not; but he
i<T our masie]-, or your master; he
kiod of di^i-our^e as he used
think Uc Intends his
named your master
^ i oottkl noi iroagiuc! he did tnean
Tkeo twoftr William Ashlodc.
Ptikme.l Pray wilt you ao((uaint
y^km jory, whal word»i you have
mmk okI' bm ro)/al ULtrhness.
Mmy a pleaV your lonlsbi[i, in
- '■ '» -^ Trs
4 11 irtCHD,
• one morning',
an' J :, tivo of bis
,,,:,. II. „n,luirtle
, Jicaaid lie wc'ir ler
orin»1ic fluent :i*: ike
<! he WAS
h : , .1 , I beAr«l>
kX^ElAidirii > N bcu he was going
IJiflt, 1 h^ '0 to liim to vva^h,
MCily Kill ivvu 01 three i>\ery day to
tuni tt> drvss him. there rame in a
llMii ■
IBdbiiiioo of*i
ktl»r*cbo««n«.
r Jolm Mrnir. and on
hmi how
• m
irrh
lud
-,' - -- '^X'
1, tb<t eiiy of
Vork'a order,
1 a hand in it ;
w«*re to have
ill ihf honest
i iind thiss Ut*
• V, ma I
atOx-
iik, ea|i-
I M» kfcp
Ibru-
. -rt.. t; , . I son
hien
nd
* for he must nerer expect to suooeed 4o the
* crown.*
Sol. Gtn* Pmy who did he sAy was to hetid
the fon^es at Black •heath that yon talk of wete
to plunder the city ?
AihtiKk. * Th*^duke of York ; and London
* was fired by his order; and tins ht: would
* prove, if thf?y could hut get a parliament to
* tbejr mind/ ami he said, ^ They aboukl take
*■ away the Posl-Otfice from the ^ukc of York,
* and gire it to the duke of Munmoutli.'
Si>L Gtn. Then call captain Cressett, and
»wear liim. [V^Tiich was done.]
Att^ Gtn. Capt. Cressett, Pray do you r^
member what disctMirtie you hail wi\h Oatet^
when the duke went into Flanders, what he
said of his royal hifjhness !*
Cupt. Cresictt. It waa the last time the duke
went iuiu Scotland ««ith her royal highness, I
think it was in October 1680« 1 was commaml-
lhI tyvvr ni^ht to wait at the duke's lodgingi^
till a paper kIiouUI be delivered me bv my iotd
llochcsier; 1 stayed llitre till twelve o^cbck
at night, and not aeeini^ my lord come nut, I '
went away, antl came early next morniog;
And when the duke and dutchess went to ti£e
water at the privy stairs, I came down throuffh
the pjard' chamber, and Dr. Gates was in tbo
gullerv that leads betwixt that andthe^atof
when he saw me, 1 bid htm, good-morrow*
doctor, or he bid me, g'ood- morrow ; one €if the
tvio, I cannot exactly tell wiiich ; says be to
me, * You ^vill never leave till you ha?« hull,
* your rt'putation.' Why, what ig the matler
DOW, Doctor, said I, I hope my reputation is not
liunjjujwu so slendt*r a threacf, as to be loal
for my ^foiugf any where? Sayi* he* You have
* been nith James.* Who do you mean by
Jnmes, naid 1 ? * Y'ork/ says he. Surely,
f^d f, it might haie been the Duke of
Y orIv» or bis royal highness : no, said he, ♦ he
* is a Kiuical, a Papist, and a Traitor, and t hope
Mo live to see him hang^ed.' Truly Doctor,
said I, now let me §fiveyou a little advice to
govern your tongue antl ynur passions. I
aaauneyou, they will do neither you nor your
cause ^ooil , it may do you a great deal of
hurt in time, if you tlo not take care.
*So/. Gen. Cwl »ir VVil hum Jennings.
Alt, Gen Truly, my lord, I think we need
call no more« thouifh we have multitudes of
tliem, it is \i\s daily discourse,
L. C. J, Coll whom you will, Mr. Attorney ;
fitr though it be the last day of the term, and it
is an unusual ihingf to have a jury at the bar
' ii day, and moreunuiiuiil lo have them to
i*e a \Vrit of Enquiry here : yet in regard
Ml Mii'gi^atnessof the person that im concerned,
and the extraordinary nature ot the causae, we
have ordered it thus, that all the world may
H^v how his royal highneas has been abuseif and
daU^eed f
Att, Grn, Th
a p«jfr»on pretty
it, my lord, has boeft
d of too.
L, €. J, Ves, trtdy, tt is done with rtg«rd
to him too I for he has been an emiocait mftli
in bis way.
139] STATE TRIALS^ 56Ch.II. \6SX.-^Pr0eeeiingi htiween ike D. of York (Hit
Sol. Gen* Then swear sir WiDiam, Jenniags.
[^Which was done.]
Att. Oen, Now, sir William JcDDings, speak
QQty voa bear the qiiesticm, Wlmt have you
heard Gates sa^ of the duke of York?
Sir W. Jenmngi, My lord, at the time of tlie
sitting of the parliameBt at Oxibrd, I was in u
tarem there with Mr. Cranfieid, one of tlie
king's gentlemen-ushers, who seeing Mr.
Oates goin? aloxiff by the room, invites him
io drink a guss ofwine, there were a matter of
some eight or nine at the table ; there was a
little partition-curtain, it being a loiu^room,
and there was 8ome company Myond that cur-
tain, somebodv in that company named James
Duke of YorL, and the Kinc'*s health beinff
drank at our table, Mr. Cranfifld be^an a healtn
to the duke : says Mr. Oates, * Do not you
* drink York's healtli.' Why should we not,
says Mr. Cranfield, and a gentleman or two
more in the company: * Why,' says he, ' he
' has ruined the nation ; and if the <fcvil has a
* place in Hell more hot than others^ I hope
* DO will bestow it upon him.' Several ivords
past between Mr. Cranfield and liini u|X>n it,
and the king was told of it presently.
Att, Gen, Swear Justice Warcup, [Which
was done.] Pray tell what you know of this
man's discoursiog concerning the duke.
Mr. Watxup, My lord, I went into the com-
pany where sir William Jennings was that he
apoke last of, and being desired to drink a glass
ofwine with them, I did so, and they told me
what Dr. Oates had said there.
X. C J. Mr. Oates, Titus Oates you mean ?
Mr. Warcup, Yes, my lord, the room had a
partition by a hanging or curtain, and I was
first in the other company beyond the partition,
and there somebody uep;an a' health to his royal
highness the duke of York, tliis health went
round, and Oates was, it seems in the next room
and heard this health I suppose : when I came
into sir William Jenning8*s company Oates
was gone ; the company there told me what
Oates had said, as sir William Jennings had de-
A dared, they all agreed those to be the words,
*• That he had ruined or betrayed the nation ;
" and if die devil had a hotter place in Hell than
' other, hohoped he would bt-slnw it upon him.'
1 met Oates allcrwards, and askeii him why
he would speak Kurh irreverent words of the
Duke? His answer was, * \\v was a traitor,
' and was in the plot ;' and he told me, * I was
* a Yorkist, and he would remember me tor it.'
Ait. Gin. Did not tliat atiright you, Air.
Warcup, to have him threaten you so r
Mr. warcup. I had then an impeachment
acaiiwt me, and truly 1 think I might well be
jL C. J. Y'ou say, he owned the words they
told you of.
Mr. Warcup, They did all agree those to be
thewonls; and I met him afterwards, and
awked him why be would speak so irreverently of
the duke, considerioj^ he was the king's brother
and as virtuous a pnnce at trod upon the earth?
Says he, < He is a traitor, and in thepkrt; and
you are a Yoiki8t,and I will remember joa fci
It'
Sol. Gen. We shall only call one more, la
shew in what mind he continues to be, evci
since this action was brought. Swear Mr.
Charles Chapman. [Which was done.] Fnj
Sh*, tell what you know.
Chapman. My lord, I met Mr. Swift, thi
duke of Y'ork's attorney, when he was giMg
over, as he told me, to demand a plea of the
defendant Mr. Oates, and he desired me to gi
alone* with him, I did so ; and when we eam
to him, Mr. Swift told Oates the roles
out, and desired to know what he intended la
do, whether he would plead or no. Oilei
asked him, * If he were the duke's attorMj f
He answered him, Yes ; says he, ' I do aoC
* value the Duke nor his Attorney neither, I
< will plead as I shall see cause aocordiiig ii
* law ; I declare I neither love the Duke, wk
* fear him :' And so turned his back, and wif
ifoin^ away, and comes up again, and saji la
him, ' It may be i may be in for one bmidnl
' thousand j)ounds here, but it ever parliaBMil
' sit, I do not question but to htve somebo^
* else in my place.' Mr. Swift asked him to CB^
plain himself who he meant, says he, * Deyei
' come to trepan me ?' And away he went
Att. Gen. My lord, we have done, if the
jury please to consider of it.
L. C. J. . Is there any body here for Mr.
Oates, to offer any thingto lessen the^damageif
[To which noboify answered.]
Then, Gentlemen of the Jury, yoar 1
now is to enquire what damages yoo
fit to assess to his royal highness, by reaeonel
the speaking of the words mentioned in thedt^
claration, there being in tliis action judgmcat
by default obtained by his royal highneH ; ■■!
you have nothing now to do, but only to anew
to tlic plaintifl' such damages as yon shall tfahdC
fit.
Now, Gentlemen, though the nrlrnnn1td|fr
ment of this judgment (for so it is ineflhc^
being by default) be a sufficient confeMiOB d|
the worus being spoken as they are laid in f^
declaration, yet they have given you prooffl
the very words. ^
The Declaration is in an action
upon the statute De Scandalis
taking notice that his royal hi^rhn
great peer of this kingdom, and his i
only brother ; end that Oates the de
knowing him to be so, to bring him un
proach and calumny, and to cause diacorl ^
arise between the king and him, and I
him and other great men, did speak the
laid in the declaration w hicli youHiave
read, and which are these.
The first are, « This Utter' (Oates ha^
a letter in his hand) * cost me nine
* and might have been bn)ught for a pcni
* I know nobody is the better for it, hut tf
* traitor James duke of York.' This is I
over again with a very little variation, * 1
' letter cost me nine pence, and might hi
* been afforded lor a penny, I know janM^
'ATE TRIALS. 36 Charles It. l684.-^i Tttut Oatts.
[142
ii but llmlirmfiarjftaies dukis
purpo*' I ; they
Hji riC€S, a
rtotiOMMfttt
It WQfA ^•
* ;,v, Jake of
i lf«ilor se VI 01 ds too are
Irrittg" but in very
(i« ft traitor, nnd was a
I «aii«teiH!v* of tiic irorU« is tlie $ame.
ty, G<JtiUcme0, Thougli it is not
m loetHjon-p whKher or im Gates
I «iOfiK. mdi^meDt g-o
u tij fkt I law coofess
I Mt jo«u art? IQ eiiijuire wlmt da*
ir^bo ni N> begir€tlti> the plaimiff
vonls ; yet in as much as
•f AH extraordinary natiire,
lib fi>\ -s
iJtl . ■, .Mil,
iiol htcn u»wii beretoibre, ihut
«ir «fM|iiiry execuiofl at the bar.
b c^ciTttordifiar^, finch as has
mk M^r^ Uiiji a^j;^, Uiis C4)rnipt nge^
ftgpTi H'herejd ivc Ihe, and
Ofifiiyiry IVlfows^ the mere
q€ tm factious party, hare
to re^iroftch and caluiiuiiate
gwirfvnmtiiit, atid the greatest
iu it^ Dot «»purini^ even
li^ mm bim^ » 1><> i*- *>'xi m degfree
|||» I*" T awd royal
llKrefoTi A^Q 18 extra-
, so oiigrht the example to
«s can he, in order to satisfy
•ort of fellow tliis defendant
•o much aJoriLHl and looked
ye (if admit«tion, courted with
aa afTection, atid so, 1 had
'd atoong people that
tomnltiioas to the go -
i kff «i|^l l» be iiiad« pnbli^
hii tliii .hi be c
• bAr.ftri
wwiir-'ut
migbi be made a pii
ic exam-
cottnsel have
caavasacd
' ndatiU OA he Vms
tor Hoiu
wni cmtttm to he exectilCMl here.
lki» w » II this decUration
*^ in theniM'lre^ so
id n iirwcn, §o much malice
m^ ikai dwy need no iirgTttraiioii
BtBUBlYca ; mm luit *;'^^r -■ - it to go
#kevm tbiy Mv ta !»t ext©-
if Ik tui
tiiai tiji- 111
4aia4iiL iind
r.-d: yet.
ji iimre or
tJ, thai Ibia
abie* nay abso^
- hrrc and ^Te
lufBcion
(UvuvU'UUdlll
pWaly
tended with all the most uncbristiatt and uh"
chHrital>le4 as well as disloyal and disobedient
circunistaiiees that any Ailn^ con be, Mritli
design to Iniduoe and fusparagt^ a subject so
lo^al, and a person m i^reat and illnstrioua at
his royal highness.
As to the lifai ^vordfi, you have the first wit-
ness Mr. Sniiili, und he gives you ihisuccotmt,
he was in a colfee-house where he met lh#
deieudajit Gates ; and the dcirndant in a vain*
glorious hufBng sort of manner takes occasioti,
though none was ofiered him by any thin§^
spoken to him by any body, but only on set
purpose to express ais malice and' venom
a^iust the plaintiff. He takes up a lettev
that it seems c:ame to him by the post^ and to
(Ti^tify liis own malicious inchnation, and to
give it vent, he procJaitns, * This letter ensi
* me nine pence, )t might have been brought or
" affoi'ded for a penny ; and 1 know nobody ii
* the belter for it but that traitor James duke
* of York,'
^ vou see, Gentlemen T he takes hoM of
every little occasion, if he can but happen upoa
an opportunity, such as tht9 vras in an open
coffee* house, to wreck Ids mahoe upon his
royal highness. And sure there can be no
greater imputation of scandal brought upon
any man than this upon the plainUff. Thai
the first and greatest subject of the king of
England^s s^hould be taxed with the greatest
crime iu the la\i , disloyalty and treason to hiit
sovereign. And so at once not only chargeth
him with being perfidious to his only broSier,
against that affection which by nature he Is
obliged to pay him, and which all that know ^
any things cannot hut observe to have always
been extraordinary ; but also touches that
which is much dearer to him than his life, his
honour, by charging him with the foulest of
crimes, treason and breach ot* his allegiaiice,
which as a subject he owes to his i»overei^i.
And thus besides the defendant's confession liy
thisjudgtnent you have the very words ptoved
that are in the declaration.
The next witness is one Mr. Whaley, uid
tje LNVi>ti you an account of anoilier passage
1 cannot but take notice of by the way,
\v you what a wonderful Christian temper
thij> man is endued with. Mr. Whaley says«
that being at the bishop of Ely's house upon
a public festival either of Easter or Whitssun-
tide, (and he is sure it was one of those two,
because, says he, * I never use to receive the
* Sttcrameot in London but upon one of those
* two dAya ; and therefore I take it upon me to
' My, it WHS one of those two days that I
' he«rd these words*) Gates having/it seems,
received the holv sacrament at the bishop of
Ely 's chapel with Mr. Whaley that da v. W ben
a hoi\y would have thought, that if Qfr. 0«let
would have been believed to be so ^sarty and
pious ix protcslant as he pretends to be, beabould
nave reiuemhered that uc ought.
llie ProlesUkiit doctrine, to have left bektnd
at his spproftch to the altar, all malice aiid
com. Slid ill wiU and hatred to e? «ry body
143] STATE TRIAIS> 36 Ch, II. \6$4.'
Bui yma see ^Imt kiod of depoitmeat his
For tfter »ueli time a« lie bad been al the
saemnefit, bi; takes occa^n M^ithout any prO'
▼ficaiiuii to f'ttll f<Mjl iiuincxliatcly upon his royal
hLi;hi}es<« giving: hiai the name of a proflij^le
wrctcth* and tli^n parlicubrty liecoihcs totiHy^
♦ Th«duket)f Vork was a traitor.' This i^rn-
tleiitun beiii^ conccnujdj rs every honest anU
ittyal tiian ooortit to bt^^ oiitl 1 liop« every ^n^
9nf»j<.'Ct i*tj and ever W}\\ be, to hear so great a
|Jnt»ee^ tbe ktng^'^oitty liratbi^risa tradiieedanit
viMliifd, reproved liim tor it ; but so far w^^ be
'Uilii taking ili«* eim'fttion due to Lis extrava-
' ^Mit liingiie in u (ti'^rjmin*^ manner, tf»ut be
ptrcseDily (as th« genileman phrtij»eih ii) catl^
tiif his mvnnitbna, ivvo ftUows that he bad
along witu biiki, to eoine to bini ; upon m hicb
the genlkman vrm pleajsetl to &ay to him,
' Nay, good >Ir. Gates, yon n&fni not be in so
^ very much frar of yournelf as to eaU <br yoar
*■ luen^ nobody here intends you any hano.*
Nay ccrlaiiily^ Mr. Gates did apprehend bira-
selr to be secure from all manner of correction »
or he would never have been so impiideut to
tpcuk yuch words.
But you IV iH no doubt lake notice, as all tn en
dnuMtbuldo, of what an f^eelleni gt>8pel-(lt>i-
rit, what a delicate chnstiitn temper the mun
ig oit after, the receivtiija;- tite sjacrament, thai
"ftry maiming to cotue and belch out such ex-
travagant words of calumny and reproach.
And it seems this jMrson hail obtained to
ft)ake !»«cb a wonderful fijnife in the world>
that every body was afraid to speak to hiui ;
Ibryou hear what the witness say»when he
caaie to beg the bishop of Ely^s pardon fin*
heiDiLr^o loud ajid bot at his table ; the biscbop
gave hini thanks for jt» and told biro, ' None of
us daivd to sjieak to him.' 8ncb a cr>osider-
alile man bath be bpcn^ that he mi|^ht rail
against the king, and ilie duke* and the go-
veniment without controuL He was gut hi to
Rueh a |vost that nobody durst meddh? with hrro^
but he must have lil>t rty to say any thing of
any body. To what an height of ciflruprion
were we grown, that we could suffer such a
felkm^a hisoMice, at wliich no man living, that
htsanj sp^rk of modesty or loyalty lefl in him,
hut must ohiiih and tremble.
Theti th€^' produce to you one Mr. Johii9on,
who gives ymi an accounts that after some dis-
eom0f between him and tht; defendant Gates,
about the duke of York, he immediaCdy told
Johnson, that the duke waa either to be hanged
or liaubhed ; tt seems be was so ill a man in his
eye, but of fbe two, hanging was the filter tor
him. So the doctor shewetb what a wondertul
kindness and alTection he has for tiie duke, and
what thoughts he has of his great deserts.
Mr. Bow ring i» the next witness, and he
eomea and tdls you, that the doctor could not
he prevadeil wfth to dine with the gentlemen of
the parish of Foster-tone, becau!f« some of
them had dined with tiieduke, which he calls
dining with tbc devil. It seems he made as
Iboiipi ht wauM preach theT« to th«m, ha got
'Pr^tedingg httwan tht D, 4>f Ycrk [11
up into tlie pulnif ai>ij took a te^tt. aiid pre^
tended to preacn, and if he wooki h2ve|nxttcli-
ed accordmg to the duty of a church of T
land divine, he was by tliat to b.
not only obetUence and m&biiii ^
but respect to superiors, nnu
all subjects towiu'ils onu another ; and if 1
did preach it, h v^as wov^e in htm not to pn
i\se it, But you «ee af\er be bad prtiorniHt 1
painful laborious [irencbment, hH*t h*^
taken such a wontierfid deal
dtiitbl he ilul iu instructitigbiK
langUAge is in uoMwiar to a iivn uu njn
dinner by the cbiinoh wardens: ^ Hav^j
y u u dm ed w ii b Y o rk at the city f e»alir I
they fK)t ftosucriiig ; but being ^itently an
at {\iv iiiHx : tinent impudence of ihc'qii
* ^ ! would not dine w ith lb
b»ii It the deviL' It sef^ins 1
bigbni-ijs had been picitsed to honour
cieties of loyal men in the city of f
bis company at some ontertsiiu men Is tb
aud that is a great offimce to tlie de
and as for those that bad received tb
favour from bis btebuef^s, he takes
them as such wbon, ' ' ' Jher
drink wit U, for tm I ^ atid^
with the devil ; but ij.M....ji^.. . .
his great Avat aud wonderful c onf*«*m lor
proi4>«ta)it rclittion, broke up frutu ihc comp
^tould neither cat nor drink witlj iham,
cho^ rather to dint? al a privatt! brttsier^s i
Loudon- wall ; a pr«>pereT (dace in good
fur bim, than any such conversation they <itfei
ed bim.
Tliet* further to shew what mean tho«r;bi>
be had of the plaintifr, Mr. Fairfax be eomw
and testifies, that there being- Mime talk of i
preseutmeht i ' '. iiikei'
York by the u
with adi*;app*iii...-vM-. w ,».- . i.«i.-,.M.4i
him, '^ What be would do, for saysj^ he, '
* you are non-suitefl ? That is vou^
' happened not to obtain the ♦
•^ iri^Mtd :' Ob, saysOate-3, * ^
* that is all one, we will at him neat ^
^ and lor my part* I will have no mf»r»*
* to him than I would to a sr
and because they shouki see t : tn
bzs malice, and the low thoughts be ha
royal highneMi, as if it bad not bees
enough to have compare*! him to a
of Ijondou i^r ^V i^^tminsU'r, no, that wi
tion too bonoiuabl*^ for him in his th
but lie mu*4t nt'C*essarily be compai'cd to it i
veofferof Kent street ; which we all kuo
be one of ^e meanest, tilthievt, and most
garty parii of the town,
Tlie next piece of evifletice is, that wht€
gfiven by one Mr. Phdips ; and when lie <
to him. lie began to have some reHeciiuiiif i
the HouHe of Commons and thf tluke
* truly he did not doubt but he sltould sre J
' at ifie bar of tlie House of Commons ;
* woidd be no disparagentent to him to
* there, tor i!iere were a great many ipea
' there thai were as gt)oa niai or better
4
hut
Tilt
STATE TRIALS, 3d Charles U* l68*.— <inrf TOw* Oaie$.
\mfnUy ibts fancv of liis be wuuM
hi^ tttyik\ Ui^Uness ; for in cnse
itJ 00 tfiher consideration but as
fttiMitht krum- timi no peer of this
lb' ■\ a«v vipte or order of
1^ tn rome to their bur.
bid a luiiifi to tcikt? i»fr bisver^ |»rivilegc
e, ami it woubl be do Ir^seniDg of Uh
nee tbftl lloufo L;iii in it m^my
t»r m^n than tlip duke bimself. I
Me pariicuiar trie nils of
e 5Ir. Asblock^ ftnd be
<» he would engage all
, Slif- iiMK*^''* fk^TMin, be
li 1. nee
' to IT. A, ike
haS « ^TTttt baad mid conccni in the dismal fire
af Lcjififnn in !f/if\ that thereby be niig^ht
sukc I ru the rancour And ma-
^ Jjgof I in that dreadful lala-
^^uil vviih what haiidsotnc exore^^ou he
f.h ? » He Imid the ciiy of London, be
'i I we I* ill have him
^Haad for it, when-
: here hn ii*»toidv n personal reflection,
bci<niB ioditfnity done to his royal
but carries in' it a ^eat reflection
enil iiiHt«-KK liiiiisi^ If'iti 1 M < retalions t
Ibt t?i II' ^ (lut his
I mod VI ue alive,
(>. For
• <1 sbiwder
Atuuiajist)^ tbt *|aei/n, rnotber 10
nnd !m< brnther, by callirit^ bini
' ii in an expreitiion
^ du I a ttatore^ as is not
Tbr I to take
[146
• and yoit r to 1o«eyour reputation i
* y*niVti : VI .her'
8o that i perceive, if he will not be advis
by tbts'^gftillenuiu, he should lose all hit
ciedit ; aiid vet I (irt»suineit i« womlcrrallv in
the ndvantnj,'e <d Mr. Creaaett, to Iom* ibi
«^'edit be e^nild f ft by uny eharacters or coni^
iiieiuUtii>ti$fiiirb an *in«» a** be coubl jj^ive him, "
Tt kindly advised litri
tj tu > party by his |»]issiaii
and l!i\ < 'ij\ und told hhtit if
would tin *' at last. .\nd tndj
wn%\ I tbiur., .. . M ,i,^ ji.vrlv wore in bis con^
dition* and tfiadc to « mart* for the lari'^hneii
of ibtir »[ .t'vnps;^ I fliinit it were a tfood
com; of bis pr^inhecy, and if
vicii rn^ we sbonid be more at peace
And ue may without offence hope to see T
soonei% than what the defeudartt says be hope
to see.
The next is sir WHIiam Jpfinini^, who telb
se words itrto
Tbrti tmmn (
yvaan a^eoaiii, i
M tlkn <liaiDb«Bs ,1,(1^
vib^cdipUia rr M 1^-
■m b« met iiitii mv tlekinUh^ vvi^u i\:\i upon
Ml, ¥Vlut, v'.'ii liuve bi ( Ti with James j^ It
Wamk* he waa one of his iniimale tiequnintance,
iM very lAoailiar be ^a^ \rtth bis tK»me.
4nl m smo wotild hu^
' ,;'
he
ild CfMiltfl ibl one mar
. 0-
*ir,aiii br ' >
' ui his
mmlotii,
a i^ery
iMitnAltexu. ..
" ri^eant
W ilial favlbar i^
' i;i(aiD,
«l»lJMiie»? ^\
V- .li vifty
IimI tliai 1^ ^vr
itkUtion
to let biin
iMBW^IHt JatiH
Mt ; but
when the
diiid liicn, iii>d tuki him, *8nrc you
It tailiin' asy the duke of York, or bf«
^ivjil liitfliiiiiiB ;' tbi^n immeiliji^
IIm, br nhm out/ He » a P. ,
'•■iiart wad i bftpt^ to litre to ae*i him liADgcd^
you of a passage at the y at Oxford
which shews hi* wondcrl i.hI I'
tian temper, when a comjiji > or '
were met together to drink a plas
and were wishing h^ ' ' - ^ luc lu in«l
sacred nmjesiy^ Ins and I [10]
royal rainily, be wouiM ^.k l.* . ...it. ated t^ re-
fuse the glass, but to shew how ^londerlid \
Christian spirit be wuk of, and \n * «. i«f fn <■ Ms
true Protestant chanty (and I j
vtbo was one of tbu fJ^:t!!^o^ t» 1
uiay g'ucss at the tr 1 tine (lariy) be
crie«i uut, * Hu bast i nation, and
* there be any hotter pi.^Cii in Ueli than tnhcr, I
* hope the devi! will ^^re^^rve it for bim '
I presume ht^
besfiok^ of» fu
there is in bell
and who they
by doili in the leai
: ir'lbe words in ih
l^ail can he ; but
r>i' this man tbut ba
1 courted,
wircup, whotellsyonj
he wus nut tn tiie roma with Outes when the
last words were spoken ; bwt eoMting^ io tm-
rnediately al^er^ tbiy all tobi hint the aam
words oird bf Btlerwards* mectin;^ ifrlA f '
and K lim ihv bis indecent behaviouf'
und ' instead of any rernors^e or eon*
cern
hnvi:
li,, * 1 lit- i.ivuvi: It
^ pb»t ; and becaiu»eyou take hi» pari you an
* a Vo.L .1 ..ri,^ »v- •^■n Iff e%en wjth you \"
♦itai 1/ 8t* he ihreiiien
bim «< . . . .1 . ..^ : .. . uhy be. belia'^ed him^
self in such an iiMJeeent uiHoiier tovrafds
myal bitfboeMd^
The last nitn€«$, Mr. Chapraant k produce
to ?hew what mind he conti*>ues in. Alter nil
•^ past, and a body would bavethni^'ht \h
t by this time h:ivt' been broujfht to 1
consideiatioa atkdsnbuiiaaioutOBUtbiirity ; yet
1 J7j STATIC TRIALS. 36 Charles II.
3 Oil st'o Ihuf the man is. The witness tells
>"•!« >iure the lictiinniri^" of this term, the de-
t'uinticn heinj,^ dtJi>ere<l, and hy tlie uoursc
ot' thi? coint !jc ouy;ht to |ilvad witliin such a
limo, the attorney ^;<!Pt)i to him for a plea in
ordtT to mako his deft nee if he could in the
a lion now befrrc you, but he lets judii^ment go
by dcfiulc ; aitil so fur is be I'rom repenting' of
i> IijU he had formerly none, that he persists
in it, and tells him, Are you the duke's at-
torney ? Yes. ^\ ell, I rare not a farthing for
the dnko nor his attorney neither ; it may be
I iiwy be in here for liKM)On/. (and that I be-
lieve is one of the truest things be ever s|/oke
in his life) biU suppose 1 lie, I do not ilmibt
but when a parliament meets, a time will
como, w hen some other people may come in
niy plaec. Dut truly since he has declared
his hop<>s, 1 til ink it may not be amiss fur
us to declare our's too ; and for my part, to
1 oSi.— Trial of Thomas Roaeweli, [ 148
say I hope J shall never see such a parlia-
ment.
Mr. Unflcr-Shfriff. Lay your beads toge-
ther, gentlemen, and consider of your verdict.
They did so standing at the bar.
Uinlrr-S/itriff'. Are you all agreed of your
verdict ? — Onims. V\s.
Umhr-Shfriff. \Vho shall say for you ?
(fmiies. rt>rc^man.
I 'ndrr-Skfriff. W hat damages do you find ?
Sir Char/es I.n\ Full damages, An llundreil
Thousand Founds.
VuHir-Shertlf. Whatcost^?
Sir C' aria Lee. Twenty shillings.
Which Verdict being reconled in an inquisi-
tion intended, taken under the hands of all the
jury, u as afterwards annexed as the retuni l»
the writ of Inquiry .
309. The Trial of Thomas Roseaveli.,* a Dissenting Teacher, at
the King's-Bcnch, for High Treason : 36 Chakles II. a. d,
16'84.
23 0ct..\. D. 1084.
This day, being thcfn-stof theterm, Mr. At-
torney-General nioved the court of King's-
lK?ncli for an Habeas Corpus, diret ted to the
keqter of the Gatehouse, tu bring up the body
* " There ueretvvofamoustrialsin!Viichael-
lUiLS term : three women cunie and deposed
against Uosewell, a iVcsbyteriaii preaclier,
treasonable word:itliat he hud delivereil al a«>un •
vcnticle. Tlu-y swore to two or three periods,
in which liicy tigifjd so ix:ietly to«felher, that
there was not the smalli'st wariution in iIkh* de-
positions. liiiSfWc'll on the other hand made a
strong defence : hi proved, that thv uiiuosscs
were lewd and infan II >us p^rston^. lie pro\ed,
that he had always beiii a l<iv;d mau, cun in
Cromweirs days ; that ho prayiMJ coUNUntly
for the kinijf in his faniilv, and tltat in hi> s>'i-
inons he oftiai insisted tm the obli^aiiuns to
loyalty. And &i- for that .^( r:ii<':i. In u \ut h thr
witne:i>&y,Svor«.* he rteti\iTi'<l iIiom; v.mJs, he
shewed what his text was, which l!:<* wiuK-sscs
cuuld nut rememln'r, its tlicv ri n:eoiii«.r<d no-
thing else in his sermon l»esuU's the wnrds lh« y
hud d<>po>;cd. Tliat teM, and his siruu):! ujion
it, had no rehti<Mi to any such ma.ior. Scwr.ii
ivilnesses \iho hi-ard Iiie sti'inofi, :uul M>ni;.*
uho writ it in short hand deeUnd, he said iiu
such words, nor anything to that purpos<>. JIi-
uf}t.red his own uou's toprtAo this fartlur : hut
ii«) reutu'd was had to t!)ei!i. The v\ omvu i-.iuld
notpro\i' by any eircuiiibtiuiee that they were
at his me'v'ting ; or Uiat any {lerKun saw them
there on that day. The wouls they swore
against him were so gross, that it was not to bt*
iinagined any man in bis wits could express
himself so, were he ever so wickedly set, belbre
of Thomas Rose^vell, clerk, to be arraigned
upon an indictment of High-Treason, found
against him at a late session of Oyer and Ter-
miner, held at Kingston in the county of
Surrey ; and it was desired returnable tu mor-
row, but was not taken out till that day, return-
a mi.ved ii^i.-ionibly. It was also urged, that it
was high! V inijirobahle, that three women could
reincnibti' i;o long a peritNl upon one single
heai-iiig ; undtiiat thi'y should all remember it
so exactly, as to agree; in the same dcpositioD.
He ofiuri'd to put the whole upou this issue:
he would pronounce a |K>riod, as long as thai
^^ hich tiu'v huil sworn, with his usual tone of
voice uiih'whirli he preached, and tlien leava
il to till 01 to repeal it, if ttiey could. I set dowB.
all this defence more particularly, that it may
appear w'oai a spirit was in that time, when m
\ei-diit could be brought iu upon sucbanevi-
, deiife, aiid against such a dtrfeuce. Jeflerica
. iirgrd the ii<aiier with his onlinary w
! hcincnee: he laul il for a foundation, that all
|.rca«'hing ut e<iiiwi.t'<'I-s was trc>asonable, and
I il;:aiiiisi:ii:;l.iiod !;|itKsftii(-jnry to believeany
I evif!o:.ri \t't'aiM>Lvt>;- upo;i that head, and tbal
I luTe wen- thi>i: |M)siitve concurring witnesseSy
j s(i t':e jorv iii'ou<;iii him ui guilty. And tbcM
I >\:iNa hiuimefiil rej-.-iring upon this. It WM
thonirUt, n.'vv c>-n\uiticlus would be all sop*
prrssfMl i.v it : since any person that wowd
wiinrsstiiai trrasonauh u<irds wire delivered
attUiin wouM iu- b»^'lievrd. how improbable SO-/
LMv It miulit be. ilut wiien the importanceaf'
the woitls <-ame to be examined, by men learn*
*'d ill the law, they were fonnd not to be treu*-
sou by any staluti'. :So Uoscweli moved for"
uii arrest of judguu*nt, till counsel should btt*
hvard tu tliut puiiiu, uhether tlm wordtf wan*
IW]
STATE TRIALS, 36 Chari.es II. l684.— /<;f' f/ig-A Treason.
ri5o
aUt* irnvtcdiale^ and upon Saturday it was re-
ancd.
DieSabbati, 25 Oct. 1681. B. U<^g^is.
DoMiNus Hex vers. Roslweli..
This day 3Ir. Rusewell was brought iifioii
tbe Writ of Habeas Corpus, to thu wkv of the
einftol'Xiii{r*s- bench, and was thus arraigned :
CL tff Cr, Thomas Rosewcll, hold up thy
fand. ' [Which he did.]
**Thoa staudest indicted by the name of
T^ooias Rosewcll, late of the"^ parish of Ro-
Aoiuth, in iLe county of Siirre^r, clerk ; For
te tbou, as a false traitor, against tlie most
■OEM and most excellent prince our sovereign
MCbarh*s the Second, by the grace of Ci^,
Imp tf En^nd, Scotland, France, and Ire-
kJ, defeDdcr of llie faith, dec. thy supreme
mi mural lord ; not baring x\w fear of ( Jod in
tfijbeart, nor weighing the duty of thy uUe-
|iuoe ; but beio^ moved and sciluceil by tlic
MUgation of the devil ; the cordial love, aAd
toe, due and natural obedience, which a true
lad &ithVul subject of our said sovereign lord
^Idngdotti, and of ri<;ht ought to b«ir to-
midi niin, ailojgether withdrawing ; and con-
lirii^ and intending to distiu-b the peace and
fmuDoa tranquillity of this his kingdom of
3 or not. In Sidney's case they refused
Agnal that, ui Jess he would first confess tlie
flhO. And, though that was much censured,
jtt il via more doubtful, whether council
«|^labe hourd after tliejury had brought in
^fCite. But tbe king was so put out of
eamtoBBittwith the many stories that were
%n«fbtbin of his witnesses, that the attorney
liiid orders tu yield to the arrest at'
t\inu\r\\ it had been more tu the
j'ilidiioar to have put an end to the business
bjrapaniun. It was thought a g«>«)d poiul
ttwhK:h might turu to the advantage ot'
j£ct, to allow that a point of law nii^'ht b<'
' afttr conviction. Tbe impudence ut'
terdict it an the more shameful, since,
we had a popish successor in view,
a precedent uiude, by which pusiiivc
swearing to any thing as buid in a
were to be believed against so many
itie3, and so much proof, to the contrary,
might have been at another time very
to the ilergy.*' Burnet's History of his
Times, vol.'l, p. yj7.
«* RoMewpll wa« attaint, by verdict, of hiv:li-
■MO m I»ndon, and luving made hi-i peaiv
ilk the iyird Chief Justtice, moved by his
to arrest thi* judgment for an emtr td'
in the record. Tlu Lord (.Mi icf Justice
not €*onuin himself, or be concealed, but
rt'jiiict^t at lilt! accident, and was
Mtii with lairth and laughing ut the king's
mmti. Hut the serious obser\ ation was that,
Nrhc had urged the proseeution of Ufisewell,
m fitiilt »bpt, he should so merrily discharge
u" North** Life of liord Keeper Guilford.
^%f. 107, avo edit. of ISOti.
England, and to sow sedition and rebellion
within the kingdom, and to depose our said .so-
vereign lonl the king from the ttile, hono..r,
and regal name of the imp'jrial crown of this
realm, and to bring our said sovereign lord the
king to death and final destruction, the 14 th
day of Seplemb<;r, in the 36th year of the
reign of our said sovereign lord the king that
now is, at the parisli of Itotherhith aforesaid,
ill the county of Suney afort»said ; didst pro-
pose, compass and imagine to sow sedition, and
raise rebelliim a»ainst our said sovereign lord
the king, within this kingdom (d* Ivjgland, and
to make a miserable slaughter among the stih-
jects of our siiid sovereign lonl the king, and
to cause our said sovereign lord the king to be
deposed from the regal st'ite, title, and honour
of the imperial crown of this realm, and to
put to death, and final destruction, our said so-
vereign lonl the king; and the government ot
this his kingdom of England at thine own w^U
and pleasure to change and alter ; and the
state of this king^lom of England, in all its
parts well ordered and constituted, to overthrow
and subvert ; and to levy war against our said
sovereign lord the king, within this kingdom :
And tocoiU[dete thy s^iid most wicked treasons,
and traiterous puV(Mi>t^i, and imaginations ;
and to raise discord between our said sovereign
lord the king and his people. Thou the said
Thomas Roscwell, the atiiivsaitt 1 ith day td*
September, in the .'ttjtli year aforesaid, at the
|>arisli aforesai<l, in the county aforesaid ;
falsly, unlawfully, setlitioiisly, maliciously and
traitorously, in a certain unlawful assemblv,
and in the presence and hcaiiiig of divers suo-
jects of our said so\ er«^ ign lord the king, tlicn
and there unl'ii\ifull) ar.d seditiously, and
against the laws of this land, assfuibleil and gn-
llu;red tojri'iher : <lidst speak, assort and de-
clare, *Thal ilu- People' (m«*aningtlie subject*
of our said soxeieig'i lunl ilie king), * made a
' Hocking to uursiiitl sovereign lord the king,
* upon [)retenre of healiuLf the king's-c\ il,
' whirli he' (uiraniiig our said sovereign lord
the king) " could not do ; but that we' ^ni(;an->
ing thyself, and other traiit- rous |)ers<ius, sub-
jtx*ts of our said lord the king) * are they to
* whom they' (meaning the subjects ol our
said lord the kiiig) ^ ought to tlock, bec'ause
*• we' (uieaning thyself, and the said other trai-
terous persoi^) * are oriesJs ami prophets, that
' bv iHir prayers o.in heal the d<doiu*s and griefs
* of till' peo|)li.'. \Vi;' (meaning the subjects
of our^>aid seven iijn lonl ill;* Ling) * havt? !iad
* two UH.Krd kiiiy>' (the most serene <.'liarles
till' fi;-st, l:.iekinf. of Kiigland, and our said
soveriiyn lord tlie Linic that n<iw is, nifaiiinif)
' to.«;ether, who liavi* |KninliU'd pupcry o enter
* i.i ursiler their noses i' whoi;i iusi-aiiinvr the
said ChurlfN the first, late Kiiiir ('f KngUuHJ,
an our said covert i<;n lord ihtr kisii** that now
is) ' we can resemidc to no oiimt person hut
" to iiio.»,t wicked Jeroboam. ' ' Ai:!! ihal if they,
(meaning the said eviUiiisposiMl |u;rM»ns thi-u
and there, so as aforesaid with thee unlawfiiHv
assembled, aud gathered together) ^ \^ouIl1
I
151] STATE TRIALS, 36 Charles IL iC84.— Ti iW of Thomas Rosewell, f 158
Ros. I liumbly thiinkyou, my lord; Ihope
you M ill pardop. my weakness and igtionnoe.
J crave tlic favour to have a copy of my in-
dicimcQt.
Just. Hoi. We cannot allow it. Ynit cannot
lie it^iuiraiit of tliat, it Las been denied in many
cases of late.
Just. Wfifcot. We cannot grant it, eioqrt
Mr. .Attorney will (^onsent to it.
Just. HoC. ^'i)u must positively say {j^nilty,
or nor guilty. Sir Samuel Astry, caH him to
his plea.
CV. of Cr. How sayest thou, Art tllM
Guilty or not Guilty ?
Just. IlnL Look\ou, 8ir, you shall nolAt
stnutLne<t, vou «hall hcve convenient time t0
coi^sider what ili;fence } on bu%etomake. la
i\v: mean time, we ha^e nothing' to say, but to
know of vou what you plead ; Guilty or not
Cluiitx-.
Al'f, Gnf. (Sir Robert Sawyer) If you de-
sire to have the words rt:ad again to 3*ou, yoa
Khali.
Just. 7/()/. Ay, with all our hearts.
Htnt. I thank you, 8ir, and my good lords. I
desire, if vou please, to h«ve it read in Latin.
Just. tioi. Read it in Latin. [Which wu
done.]
C7. of Cr. TIow sayest thou, Art thou Guilty,
ornot Guilty ?
Jui^t. BoUoit'ttif. Now what do yon say ts
it. Ani you ^u'dty or not grilty f for iiidcel
wc cannot spend our time ini [Pertinently, wi
have other buMness. Here is a qi!estk»a yo«
ou^flit to niiike a direct an^ncr to one way or
othrr.
Ruscwefl. My Um\ I liumbly cro^ne the fii-
vour it may hi* it ad once more in Eng^lisb.
AtL Gen. Sir Snna:cl Astry,iTa(i the words
without the innuendos.
Cl.ot'Cr. (Reafls.) ' That the people made
" a flockinq^to the king, upon pretence of heal-
Mng the kini^'s- evil, which he could not do;
< but we are tliey to whom they ou;;lit to flock,
< because we are priests and prophets, who can
< heal their prriefs. We have now bad two
< wicked kings together, w ho have permitted
* Popery to enter under their noses, whom we'
* can resemble to no other person hut to the
< most wickfHi Jeroboam : and if you will stand
* to your principles I do not fear but we shall
* he able to overcome our enemies, as in former
< times, with rams horns, broken platters, and
< a stone in asHng.'
Jnst. Uolhtcay. Now you hear your charge
both in l^atin and English' ; pray, thcrelbre
let the court know what you do plead ;
gnilty or not guilty to it.
Hmcwt II. Not Guilty, my lonl ; and I Ueas
mv ( fod ii)r it.
'Cf.of'Cr. Culprit, how will thou be tried ?
Rmni'fll, By Gwl and my country.
f 7. ofVr, God send thee u good deliverance.
Rv^'fucU. These* are things that my soni
abhors, 1 thank my God.
Att. Otn. Mr. Justice Ilolloway, will you
please to appoint some time for his' trial ?
* stand to their principles «liou' (im.-anin^ thy- |
^e!f) * didst uj It «('ar, but they' (meaninu thyself, j
and the said ev il -liisjiosi d persons) * would over- '
* cwiiie tlieii- enioiies,' (meanihi; our said sove- i
reljiifn l<»i-d ilij' Uiiiji and his subjects) ^ as in '
* furnuT li-Mis, with raois-horns, broken pht- '
* ti-rs. (iiKi :i st Mie iU a sJintf ;* against tii*^ dmy .
of tijy :iiK*;j:iai::- », «jja!ii-1 the pimec i»f our
Ro»e.»ii>ri loi-.l rlH kinsy. Iii> (loivo and digr.ity, '
and a'lfJuiiM i!i.' .-erui ot ilie siaiuti in ihat luse '
ina-li- an! )<ru\i.Kd.' " How >ayst thou, Tho- '
mas R:iAt'we]l ; Art :hon -^uiiix of this High- |
Treason w I iereof thou siimdf^? iin'icted, and'
bust h(s n nou- :irraigncd, f»r not (iiiiliy ? j
Mv. Kuiucll. M\ I'iid. ! hunildy crave the i
favt)ur lo < ;., ;'.k a \sv\\\. * !
Ju-!. Hri/caij/. Uhat is it you iv'ould say, '•
Sir!' V«.n mi>-l pie::d. ' ' \
RifS. .My lord, i:iy c'l-irj^^c is very high ; anil ,
IbKss mvGod, I am not eonsoiuis to invstif
uf RMV ifuiit as to those tbinjfs tl>Ht you have ;
hearJ roril, and el:ai"fvd ii|iiMi me I
Jnst. Jfti'. if vou «ii| pbad, JSir, to this
indictriunt, so ; tliat is s.ll )ou have to do now.
Itiif. My innocence, is my great comfort
under the (iod of heawm, who know.: they
have laid to my chan^o thing*, that 1 know not.
1 do protest my abhoiTcnce of these things al-
ledge<l to be said by me against my sovereign,
whom I honour iii my heart, and* daily pray
for ; I bless m v Goil for it.
JwHt. HoL I hope then your innocence will
Ci ear you. l>ut we have* nothing to do no%v
Init ti» take yonr answer to this question, whe-
ther you are guilty or not giilty, of what you
stand indi<-tr-d fcirV
jRoA. I liuinUy vmvt: your lordship's pa-
tienc*' a little. !*ray. my lord, give ir.e leave —
Just. IJui. Sir. you will bj lieaid whatever
you have to say, at the tim*? of your trial.
Rox. Pmy lu'ar nie a few wonU, my lord ; 1
wouUl not tiWpass upon your j.alicnce*; 1 have
hut a few words to suy.
Just. Walcat. You must plead, guilty, or not
guilty, lirst.
RiKs, My lord, I bc:$eecli you
Just. Hot. Sir, we cannot hear you in a case
of so great weight and moment as this, till you |
have pleaded. Vou will have time enough at !
your trial to mnkeyour defence; and all we'
can do now is to taiie vcur pteu of guilty ornot
guilty.
Ro$. ]\Iay it please your honours, you arc
sensible of iny giinit weakness and ignorance in
matter of law, and things (»f this nature ; I !
therefore Immbiy beg I may have counsel to .
assist me in this bu^inr.NS. |
Just. Walcot. If there beany tbingof matter !
of law doth arise upon your* tiial, the court
will assign yon counsel.
Just. Jiol. We eanno! asMgn you coun«;fl at
fircsent, for we ha^ e nothing to assign it upon,
f there do any question of law arise in your
case, thenthecourt will (as they are bound to
do) take care of jou, that you siitrer no preju-
dice tor want of ihe a*»ista*nct^ of counsel ; and
in matters of fact upon your trial, the court
are of counsel tor ^ uu.
I5SJ
STATE TRIALS, 36 Charles II. l6S4^or Hi/^ Treas&n.
[154
Jmtice Highway. Wiial time would you
bare, >Ir. Attornev 7 When can you be ready,
Mr. Ruscwell ?
RMewcfL ! dpsire, my lord, it may he on
tbe Idth of November.
Just HoiiauiaM. What day of the week
iitfaat ? - M r. clerk, U|>oo WVdnesilay .
JiBt. Holiomay. Are theru no ar^^umciits
apMinted for that ilay ?
tkrk. There is a jury of Northam[)t(iDiibire
he that day.
Jodt. HMowtijf. Tlien it cannot l>e t!)at Jay.
Rotewe/L Then, if it pte&se your honour^s,' I
me it may be tlic next day ; uj>oii Thurs-
Att. Gen, When it is mojit convenient for
tbebasiness of the court.
JmL HoUotiay, 8ir Samuol, yon will see
when it wilt be most convenient' at tiic return
of tbe Venire
CL of Cr. Must I return it ?
Ait^Gen. No; the shrritf miMt : ami the
eoonie is to make it returnable tlie same day
tbt cause is tried.
RofeteelL My lonl, I hambly desire I may
hire eounitel allowed to come to* me.
Alt, Gen. You can have no counsel allowed
BaeKtlL uly lord, I request that my
friends may be alIo\v«Hl to come to nie in the
nieui time'; I have been a prisoner above tliis
month, and not penuitted to see my friends,
nor they to see me.
JiiA Hoi/oieuy. What friends would you
have? — hustwelf. My relations.
Jost. Wate&i. ThatHations is a larjare word.
.Att, Gen. Trtdy, t^r, I think he may have
liberty lo discourse uith any person in the pre-
lieoce of the keeper, I shall not oppose that.
RosattU. Yes, uiy lord, 1 desire uo other-
wise.
JnsL Walcdt* Who do you name to come to
you?
RnaceU. I have poor children, that desire
sad lun^ to see me.
Jost. Hoilouay, Who do you say, you would
ba«e come lo vuu ?
R-MTureil. Ay wife and chihlrrn, my lord,
rtm are my bowels.
Ait. Oeii. In the presence of the keeper 1
casDOt oppose it.
Raseaetl. Will your lordships please to al-
fow counsel to come to me ?
Just. HoUowaif, We cannot do it by law.
The court is to be of i*ounsel lor you when
yea come to your trial. The court will not
■iffer any thui^ to bu done to your prejndiuc
■gainst law.
Rotttcell. Is there any statute, my lord,
that forbids the j^vincf ol' counsel ?
Jufcl. HolloKtiif. The law forbids the al-
bwiD^ of ooumiel in capital causes : unless
where mrtter of lawdotli arise.
Roseveii. My lord, as I remember, Fitz-
karris had counsel allowed him.
Jvst. HolUmay. That Mas in a different
rase, in a matter where there were special
pleadings ; this is a general issue.
Att, Gen. That was in a mattet of law,
that was insisted upon, but it \s not so here ;
if this gentleman had any matter of law to
ph*ad, he should have counsel assigned him
too. But, Sir, I think Tuesday thr 18th of
November will be the frecsit and most conve-
nient day.
Just. Uolhmay. Let it be that day then.
C7. of Cr. The 18th of November is the
day of your trial.
Roseu eii. But my loni, was not comisel al-
lowed him before his trial camp <m ?
Just. Ilollozcuy. Yes : but that was upon
a special plea, of a matter in law.
Roseuell. I hope you wiil ccmsidcr my case
as of one that knous*i)otthi> law.
Ct. qfCr. Tuesday the 18th of November is
the day.
Roxeiceii. My lord, 1 humbly reauest the (a-
vour that any penwn that c*au speak of my in-
tegrity, may i-oiiie and testify tor me.
Att. Gen. Ay. ay; you may havesuhpd*nas
out of the othco tor any l»ody who yon will,
tliut are to be witnesses for yuii.
Just. Wtdcot The officers of the eo'irt will
do all things that are rt^fpiisite and legal for
y.iu.
J list. Hofhtiay. Then take hack yomr pri-
soner, Kieppr.
An. Ocn. J do not know tmly, whether the
practice of tho court is ,iot to commit to the
^urslihlsea, being tht' prison uf the county ot*
Sui rey
CL of Cr. Sir, it niav he one or the oither
w:i^. as the cour: thintis tit. As long as the
iimg'-^-b^neh sits in MiddleMX, lie may be pri-
soner stid in the Gau'- house.
Kftptr, Then llicruleof the court is thai
he siiuil cninc again tlien.
(.'/. of Cr. \eH. he is, by rule, to appear
beretiie I8thof Novemlicr next.
\\ h<M'cuiK>ii he was carried back to the Gate-
house.
Die Mortis^ Aw. 18, 1084.
This day the prisoner was brou:r|it, w rule,
frtmi tJM' Gate- house to the l»ar of the King's,
bench conn to his trial, at which all the judges
of the said court were present.
C7. ()/' Cr. Thomas lt< sewell, bold op thy
hand. [Which he did.] Those men that
thou shait hear called, and do personally ap-
pear, are to pass between our sovereign lord
and thee, upon tlie trial of thy life and thy
death : If therefore thou will challenge them,
or any of them, thou art to speak unto them
as they come to the hook to be sworn. Sir
Gpnr<;t; Sheeres, baronet.
Rosetcell. My lord, I would humbly crave
the favour of your kmlship, that I may hare
the use of pen, and ink.
L, C. J. r8h- G. Jeffreys.) Ay, in God's
name let him liave pen and ink.
CL of Cr, Swear sir George Sheeres, hart.
Roseweli. I beg I may have pen, ink and
paper, before he be swum.
155] STATE TRIALS, 36 Charles 11. l6S4,.—TYial of Thcnm Ram»th
L. C. J, Ay, let him.
Crier. Look upon the prisgner. Sir, you
shall well and truly try, and true deliverance
make between our sovereigfn lord the kinfi^, and
the prisoner at the bar, whom you shall have
in charge ; and a true f erdict gi?e according
to your evidence. So help you God. {Jurat*
Sir George Sheeres.]
HosewelL My lord, I challenge him.
L. C. J. That you cannot do now he is
sworn.
RosewclL I was surprised, my lord ; I did
not know it.
X. C. J, I cannot help it, Mr. Rosewell,
you m ust mind your business. We cannot im-
swear him again. Go on.
CI. qfCr. Sir St. John Broderick.
Crier. Look upon the prisoner, Sir ; You
aball well, Aec. Jurat' Sir St. John Broderick.
RosezoeiL I challenge him.
X. C. J. You cannot, Sir ; he is sworn
now.
Rotewell. I beg your lordship's pardon ; I
was surprized.
, JL C. J. Let us not spend time in such talk
as is to no purpose ; I tell you we cannot un-
swear him.
RotewclL I desire, my lord, my challenge
may be received, I was going to speak —
jL. C. J. It cannot be afler he is sworn ; we
cannot make a new law for you. Mind what
was said to you ; if you have a mind to chal-
lenge any body, you must challenge them be-
Ibre they come to be sworn.
CL o/Cr. Sir Robert Knigbtley.
L. C,J. Mind the thing you are about, man :
apeak now, if you have a mind to challenge
hjm.
Ros. I do not challenge him.
CL qfCr. Then swear him.
Crier. Look upon the prisoner, &c. [Jurat'
sir Robert Kniglitley.]
L. C. J, Pray now mind the thing you are
about ; you are lofking about you ior some
private mark, or bint to be given you by some
body, and so lose your time of challenging.
You must challenge them as they come to the
book to be sworn, and before they are sworn.
Ros. I beg your lordship's pardon ; I was
minding to set down the names in my paner,
because I am to take notice of those I cnal-
lenge for their number.
£. C. J. You shall have all the fair advan-
tages that the law will ^low ; you shall have
your full number to challenge, which you
may do peremptorily, and without cause as
to 35 ; and as many more as you can with
cause.
Ros. Is there any one to note the number ?
L. C. /. There shall be sure to be notice
taken that you be not surprized that way. You
shall have all fair advantages, I tell you.
Ros. I humbly thank your lordship.
CL o/Cr. Sir William £lliot.
Crier. Look upon the prisouer.
Hot. I chalkngehim.
CI. tjfCr. Sir Oeorft Wwdroofe.
Ros. I chall^gehim.
CL ofCr, Sir Cornwall Bradshaw
Ros. I challenge him.
CL ofCr. Sir Thomas Bladwdrth.
Ros. I challenge him.
CL ofCr. Antnouy Thomas, esq.
Critr. Look upon the prisoner.
Ros, I do not challenge him.
Crier. You shall well and truly, &•
Anthony Thomas.]
CL ^Cr. Francis Brend, esq.
Rm. I challenge him.
CL ofCr. James Reading, esq.
Ros. Is it Mr. Justice Reading •
wark ?
X. C J. Do you challenge him or
may if you will.
Jutt. yiy lord, my reason is, I ha
imich of him, but never had an oppc
know him till now. I have no
against him.
X. C. J. Then swear him.
CL ofCr. Thomas Newton, esq.
RoS' I challenge him.
CL f^Cr. Thomas Vincent, esq.
Ros. I challenge him.
CL ofCr. Ambrose Muschamp, es
Ros. I challenge him.
CL of Cr. Ralph Freeman, esq.
Ros. 1 challenge him.
CL ofCr. Joseph Reeves, esq.
Ros. I challenge him.
CL of Cr. AnUiony Rawlins, esq.
Ros. I do not challenge him.
sworn.]
CL^Cr. Thomas Overman, esq.
Ros. 1 have no exception against h
was sworn.]
CL of Cr. George Meggot, esq.
Ros, 1 challenge him.
X. C. J. Crier, Be sore you bid t
upon the prisoner, and the prisoner i
them, that he may see what he does.
Crier. 1 do so, my lord.
CL of Cr. Samuel Lewin, esq.
Ros. I have nothing to say aga
[He was sworn.]
CL ofCr. Lawrence Marsh, esq.
Roi. My lord, I desire to know 1
I have challenged.
X. €. J. He shall tell you. Coui
CL ofCr. Twelve. Wiiat say y(
Marsh ? — Ros. I challenge him.
C/. of Cr. Ambrose Brown, esq.
Ros. I challenge him.
CL ofCr. John Halsey, esq.
Ros. 1 challenge him.
CL qfCr. John Awburn, esq.
Ros. 1 challenge htm.
CL ofCr. Heury Flood, esq.
Ros. 1 challenge him.
CL ofCr. John Parsons, esq.
Ros. 1 challenge him.
CL of Cr. John Petty ward, esq.
* See a Note to the Case ot*Don
Sa, vol. Ik, p. 46a.
STATE TRIALS, 36 Charles
0 not challeDge bim. [He was
Ricfaard Coldbaro, esq.
» not challenge him. [He \vbm
Robert Sanders, esq.
allenge him.
John Heatlier, esq.
b not challenge him. [He was
John Austin, esq.
f. Sir, doth this make twelve if he
■CLrfCr. Yes, Sir.
n I do not challenge him. [He was
Crier, coant these. Sir George
«,«&<;. ^
John Austin.
relre. Good men and true, stand
hear your evidence,
re ftworu were these : Sir Gcot^
St. John Rrodcrick, sir Robert
inthoDV Thomas. James Rcailing,
wlins, Yhomas Overman, Samuel
B Pcttywani, Richard Coldham,
9*, and iFohn Austin.
llionias Roscwell, hold up thy
eh he did.] Gentlemen, you of the
Bm the prisoner, and hearken to
e stands indicted by the name of
■evrell, &c. (Proiit) in the indict-
& mutandis. — Upon this Indict-
fc been arraigned, and thereunto
Iwl Guilty ; and for his trial hath
'ipso God and his country, which
1 mfe. Your charge is to enquire
be Guilty of this high treason, in
fcrm as he stands indicted, or not
you find hini guilty, you are to
t gnods or chattels, lands or tenc-
■d at the time of the high treason
or at any time since, to your know-
'ou find him not guilty^ you are to
!thitr he fled tor it ; if you find that
il, you are to enquire*of his ijfoods
tsif you had found him guilty. |
him not Guilty, and that he did not '
a are to say so, and no more, and
evidence. Crier, make procla-
I yes, O yes, O yes ! If any one
Kj lords the king's justices, the \
nt, tlif kinir's attorney -general, or |
I Boir taken, of the high-tnrason
i prisoner at the bar stands indicted,
■e fbilb, and they shall hv hcn&rd :
■firot' persons that arc bound to
M en tne behalf of our sovereign '
If IfMHt the prison«'r at the liar, ;
Mefcrth and give their evidenre ;
ifriMBSr atands at the bar uiM>n his
t: er thej forfeit their rccogni- j
Ibf it please your lordship,
mefiliejur}'
II. 1684.-/W High Treason. [ 158
Rot, Hold ! Hold ! I crave the favour that
the Indictment may be read in Latin.
L. C. J, Ay, with all my heart, let it be
read in I^tin. [Which was done.]
Ros, My lord, I humbly crave leave to speak
a word or two.
L. C. J. What would you have ?
R(}s. I beg your patience for a word or two.
I find, my lord, as 1 told my lords upon the
day of my arraignment, that my charge is
ver^ black and nigh : and truly if I were
guilty of those things that are laid to my
charge
L. C. J. You are now going to be tried for
them. I hope you are innocent.
Ros. I humbly thank your lordship : 1 beg
you would hear me but a wonl or two.
L. C J. You must keep up the method of
proceedings, your time is not yet come. What
IS it you would have ?
Rm, My lord, my soul abhors these things,
I thank my God for it. I was going to speak
to your lordship, to know whether the words
of a natural or a mad -man be treason in law.
L. C. J. No.
Ros, Tlien, my lord, the ground of the
question is this, I find by recollection and con-
sideration of the words laid to my charge, that
mv malicious enemies have accused me of
what any man in his senses —
L. C. J. This is not proper, Mr. Rosewell,
at this time ; for this is but an anticipation.
Vou must hear what is first proved against
you. We must keep up to the forms ot law,
you shall have your full time to be heard what-
soever you will say for yourself ; but jou must
not anticipate the cause with previous dis-
courses.
Ros, I would only assert my own inno-
cency.
L, C. J. Not yet ; vou must not do it, nor
you shall not do* it. XVhen it comes to your
turn to speak, you shall have liberty enough t>
make your defence as long as you will. Go
on. Sir.
Mr. Phipps. May it please your lordship,
and you gfentlemen that arc sworn : the pri-
soner at the bar, Thomas Rosewell, stands in-
dicteil, That he, as a false traitor, not having
the fear of God before his eyes, but being
Tuovol and siduced by the instigation of the
devil, and endeavouring to disturb the peace
and tranquillity of the kingdom, and to depose
the king, the Mth of Soptenil>er in the :)6tli
year of this king, at tho parish of Rotlierith,
ni vour county, did falsly, innlitMOUsly, and
trarierously, purpose and imagine- 1(» raise a
ro1>e1lion \«itliin the kingdom, ar.d to deprive
the king, and depose, and put him tfiiVath and
destruction, andtli«^ govcrnm«-nL to i-l ange and
ullrr, and to lr\y war a<r;iiiist the kmg v itiiin
the kingdom : and tlirsc wicked purposes to
bring to pass, be tb(! said Tlioii-as Uoseiiell,
the said Mlh of StpteinlxT in the ^Gtli vear
af'iresuid, at the plsur aioii^said, fidslv, unla\i-
fully, ntidicimisly, .•irdiiiously and traitcrousiy.
in a ccrtaiu unlawful assembly, th«n and there
159] STATE TRIALS, 36 Charles II. 1 684.— Ti /a/ of Thoma$ Itantcell, f 1(
And ^'011, Gentlemen of the Jury, I must ti
yrm, it" any "iic \vhis|»er anv of von, yon ou^
to ac<|!iaiiit the court with it. It is your dir
to be dircrted by the court, and the evidenc
congre^tcd, did say and declare, ' The people :
' make a flockingf to the kin^, upon pretence
* cf healing the kiu;;'s evil, nhich he cnnnoi '
* do ; but we are they to whom llicy ought to |
' flock : for »e are [)*nests, and prophetK, that .
* can heal their i;riv\anees. We have now |
' had two wicked kings together, who have .
* permitted f)opery to come in under their ]
*• noses ; and wlioin uo can compare to none .
' buttlic n'.ust \su-k(.d Jeroboam. But it' th(*\ !
■ would stand to their piinciplcs, he did not '
* dou!»t, but they shnuid ovenonit their ene- i
' mies, as in loriJier times, wiiu rani's- lion>«, |
' broken pUiUtTs, and a stoue in a slin;;.' And .
this is laid t(» he atrainst the duty of h;s aile^jri- .
ance, at^ainst ih:j peace of t-ie kini;^, hi^ rrown j
and dii^nity ; a:.'J aia^dnsl tiu' iorni of the sta- ;
tute in that case- made and providv.rl. •!'(» this
indictment he has pleade<l not cruilty : if we
pro\e him guilty of this matter, yon are to iind
him guilty.
Att. (Jtn. May it please your lordship, and
yon gLUtlomen of the jnry ; these traitenuis
wonis, that the prijionerat the liiir is aceuse<l
of, wen* s{>oken of in a S*»rmon,* or nn-aeh-
luenl at a conventicle. And though the gen-
Ueman doe^i preteiul to much iimoceney ; yet
vou v^ill find, that in open defiance of tlie law,
ue takes ufion him to preach avfainst the law,
Dot only of the land, but even against the laws
of Aloiighty God : for he takes upim him to
be a pn^acher agsunsta rule, than w hich nothing
is more plain m all the Word of God, \i'Z.
* That he should not speak evil of dignities,
* nor revile the prince of hivS people.' I2e
kno\«s this 1o Le the niU- of tin.' Seripture : and
yci in his constant discour^A, (as \\v. sliull
provi') hf makes it his practice to re\i!t' the
governmenl on all sides. And Ly these doings ,
at this day, g'-ntlemen, you will easil\ undci'- i
stand what the designs of thv^e conVenlJcIi.'s
are ; only to Uiirst^ up jieope m sedition, and
trriu tiiciu up to rebellion ; that they m»y bi.> ;
rt*udy lo break out mto it wijcii thei:" teaeliers '
advi.se them to it. We shall tal'i nur w ii t-ss**.--, |
ami prove to \ on, that thi:> is, and has been the ,
eon -slant U: nor i>f his discoursr, \'\z, Rrvilii.g ■
uf the governmenl ; and theu- is almost nn
text uf Scr:ptuie but, i:j his Ma^> of p<-rvertiiig
it, heha.s tmued agauist the QfoviTiimciit. \\ e
shall shew this to he I'le haliitnal eonrsi- and
practiiuot him \ili(; ).;e:i:id« \} !>(.' so |j(»:icst
and M> iunuei'iil a njuu. Crier, call Kii/.ahetli ,
Smith,-*-— liiltoii ai:d r'arrar.
Then somr ol ilir ;,ounM'i at th«»bar, being
talking am<injr thrmseUcN, the Loui Chxf;
Justice repro>e<l lo-m for it.
L.C.J. is*u.\. ;,ou, guiilencn, you must
not have i:jterlocuti0iis among vom'.se1ves.
• See .something concerning u Surmoij m.'iug
an u\i-iia(-i of treascii in the ar^nmei)*« etm-
ccruiug liii' exammation o;' iiai^i;-! i^tuart,
when lie was for the. third tinji* pp/iniiMHi, as a
witne.vs tor the prisoner in Hardy's Case, a.o.
1704, in this Coil'jctiou.
2 '
Ht re is a man's life in question, and that i.s
^^-.'V wei:ihty thing : anci vou must not ta)
an> p'.hafo rnsi nnal ion s, (mt only hearken i
\oiir»'\idenre, and mind what is'^spoken pul
iiely, iliat the prisoner may be able to gite ar
swt-rtoit.
Jtos. r humbly thank your lordship.
Att. Ofu. will re are .Mi's. Hilton and Mrs
Smith ? [Th: y wi re all sworn.]
Hvs. 1 do humbly nqne&i one favour of tlH
court.
J.. C.J. WWdi wniiM you have ?
Hns, I huu.'jiy i'-.ig they may l)c cxaroind
scparatit/f.
/,. C. J. They shpll.
Ron. I lippi'dy tliank vour lord.«:hip,
Js. C. J. 1*1 ho do \ou 6egin withal, 3Ir. At-
torney ;*
IVIr . Ji}7ics. My lord, we shal I begin with Mrs.
Smiih.
L. C. J. Then you must make way, thit
the other u itnesscs inay go out of hearing. Yoa
Crier, make wayfortfiem ; and see IhattbeT
be .sit w he re tliey may not hear. [Whica
was donj'.]
Att. Gen. Come, Mrs. Smith, pray giri
my h> d and the jnry nn account wheilicrm
ha>e been at any nutting, uhere this geatle-
man has been ? Whether you know him Pui
\\ hat you heard of him ? '
Suhth. I heard him say this
X. ('. J. llnhl u littlf. 'What is thiswomiB*!
name. F.l:/.a!u'ih Smith ?
Att. iji Ii. \c<, my lord. Were you by it
any of his ron^ » nticli s ?
S.'i.iih. Sir, I have lK*en ever since the Mlb
of J'lly. uiitil that day for which he was takes,
but onv Sunday.
Att. (.ioi. Gi\e my lord an account of what
yon heanl. — SfHith. '^ es, Sii .
i.. (.'. J: \\ hi re v\ as it that his meeting-howe
w as ?
Sfhif/i. \ \v. \i:\t\ ;,everal housc?s, private housei,
a.jd a pub.ir ho-.-ji- «ff 'lis own.
L. C. J. ^Vhere? In what place ?
S/iUf'i. In .Salisiimy-sticet, r.ear his wn
dwollinij.
/.. r.J. Wl.cic isth.M?
S:, iff), hi iivili -rliilh.
J . C J \'n\ w»iv fiequently there yot
S.1J ? — .N/j.ii*/. ^ t?s, ni\ Kii'l.
L. C, J V. hi I '..m.'.jir of people might be
there, as yon i^ik'ss '/
S/i:ii.'!.^\ bt'lie.i .In :♦ n.lglu i,e 100 people,
or .'.(;(; ronMn:)nl\ .
J.. ('. J. V» liSi .s'.it ofpet;*'.! w» re they ?
S/iuift. Men aiiii \M»mei>, Iioum-- keepers.
J.. (.'. ,/. W oil, wh It ditl yiii I:r.ir him sayi
*N '///(. I. i ea;: tfive \oi: an account of hi
>.orni(.ns s •;« it:! «la\s.
i.. C. J. Im» so.
^ithtt/i. The fiisl ns'tioe thai 1 i'K>k ofani
thin;^ co:iCi;iniiig tlic go»iimueLt, was upui
I] STATE TRIALS, 3(7 Cm ah i>is II. \ eu.-^for High Treason,
I of AngiKI, uui diAt )irai coDc«mitigf
giesty ; aod then m liis prayer aft«r scr-
e wisbed h^ ml^t not u^trnd God in
frtvitii^ Ibr the kinK* ; but that it might |>lease
^ to opea kig eyes, and ibe times nii^t
GrJi. WbAl otber iliioffa have tou
I/' f time th«it T hesrd bini was
Ineiii...^,.-, _^^^ ^h'« fltat was m W«t-
ltM« in » bouie ii> Iscu hf tva^ sj-i^uk-
dom and ^ , u^ and he hrou^tit
of, not (iouhtiti^ bat if there bad
^hleous p«TKan«», tUc? city had not been
but he 1 1 id not Dican rcoor*
rlorrl-TTTftyors.
m, >v vra« that, mistress ?
\\ til, uhat did you heir him
I the dnv in tlie indictment, the 14th
n\»er'f
Ho a»Ml, * The people made a flock-
Iff.. I .«« 1,^ ^m^ ^^^ king**i oTil, wiiich
fOOLi but/ lavfi he, * we arc I hey
>.k uoiQ, fur wt; ore prieils and
^ttiaibyour pr^^eri can cure their
lie siid, * \Ve have now bad
jelced kings log:ether, \vhicli hu.ve per-
"■tf j>ery to coiue ja under tlieir noses,
I he compared to noibiriu; but to most
)cjx)boaiu>' And then aftt-r Ut* had
I a good H'hile, again he said, v Ifthey
' >0ijJd fltand ta their principles, be did not fear
'btthrr should ovei-comc their eoeruieSf as
'it former timesi with broken platters, rams-
"^ ' a stone in a sling.*
When \fa3 this?
This Mvm upon the I4lh of September ,
ICX Wlien&waait ?
imiiL At one Caplaiii Daniel Weldy*£
ti C. X What is he^ a seaman ?
Y«i» and he prayed for him, being
ea, and hia son boilii who was if I.
How many do you think might be
' allbal lime?
There wu< a low paHour full, and a
^^ rxHtm up «ix fteps ; and where he preached
fOtie |»aJr of ttairs^ there waji a targe room
.C.J. W
, J. Where did he slanil ?
imik. In the door-case of that room, that
iiiaand lui^t go up and down.
L C J. flow many people in tiuinber might
' f be, thifdc you f
utL I cjuinot tell I oiy lord; a great
.C*J. How tnaoy, as nigh aa jou can
lartliink?
k^ Stjfenil hondred«of them.
»J* D<* ^on kuow any oftheiu ? Were
"e of any ijuality ?
t'es, I know a great many of them ;
bea are in the court, an^ about the
. X Wlia itfood at the door ami let you
[162
Smith, One Mr. Paul 8hed ; and he was
anirry at my coming with pattens, for thej
matte an impression in the ground, &nd g'a?e
notice to othen;, that tliere waii company there ;
and I promised him I would come no more with
thetn. (
Joat. Wakot. Waa he door*kee|tcr ? What
ia he F
Smith, A brasier, I think.
Just. HolloAtty. Had you any notice of &
coorenticle that was to be there ? *
/.- C. J. Ay ; tell us how you came thither ?
Jteccrder, (8ir Thomas J enner.) How came
you to 6nd it out that there was a meeting at ^
such a place ?
Smith. At first 1 found it by dogfging ol'
pti-tiple as they went abng ; and afterwards,
there were people aet commonly at a place
called Cherry garden stairs to g-ive notice ; and
iometimes 1 naked there, atid liometimes I went
to Mr. i!(hed*^ house to cn4uirc.
L. C, J. Shed, you say, was preseut there
fheu ?^
Smith, Yes, he let me in.
L. C. J, What, he was the man that ma-
naged the conventicle. He was clerk, 1 sup-
pose ; was he not ?
Smith. I never he»rd him say Amen ; but I
have beard him expound in the conventtde
sometimes.
L.C.J, Ob, he was a journeyman preacher^
it seenii;.
Recorder. Pray was there any store of ' J
Watermen and Seamen there ?
Smithy Yes, abundance from Elotherhith, or
tliereabouts.
X. C. X Which way came all the people
that were there ?
Smith. From Depttbrd and Rotberhith, and
all thereabouts.
X. C X Was it near tlte water-side ?
Smith, Yes, not far from it-
X. C, X Well, Mr. Attorney, have you any
mare questionii to ask her ?
Alt. Gen. No, 1 think not« Mrs. Smith,
vou have heard him, you say, at other days ;
how did he use to treat the govenunent in hit
pi eaciiiojr at other times ?
Rqs. My lord, 1 boieech your lordships to
tell me whether these questions are proper to
be put, it not relating to the matter ttiat 1 am
accuse'l of?
X. C. X Yes, ye^^ to give an account of
the disposition of your uiind ; very proper as
can be.
Rot, Because it is not part of tny charge^
and I cannot be prepared to anj;%ver it.
X. C. X When the kiugr's counsel hargk
done with her, you may ask her any questions ;
but vou must let them go on first.
Ait. Gen, My lord, it is charged that ha
spoke these words with a tmiterous, malicious
mind ; and what better evidence of such u
mind than his usual discourses ?
Smith. The 31st of August^ I heard him
preach at Patil Shed's house ^ imd there he
preached Uiat there was a certaiti great man^U^a^
M
J 63] STATE TRIALS, 3ff Chables II..1684.— Trtff/ of TXomm Romoeil, [164
testified ; but <lo not preacfa to her. It n dM
your work to catechise the witnesses, that is
tlie Uuty of the ^urt, and we shall, no doubt,
take care to do our duty. And I will tell her,
to save your preachment, she is in the presence
of theg^reot God of heaicn and earth, before
whom we must appear at the gfreat day of
judgment, to give an account of every word
we speak. And you are under an oath, and if
ill case you tell one tittle of a lye in your testi-"
mony afr«unst the prisoner at the bar, who
stands now to be tried for his life, it will be jwt
with the great Gud to sink 3'ou down into hdl-
fire immediately. Tkieretbre, 1 require yon,
upon your oath,' not to -speak one word bat
what IS truth.
Smiih. My lord, I assure you, I will rather
say less, tlian add any one tittle.
L. C. J. Mr. Rosewell, ask her what yon
will, but do not give yourself, nor us, the
trouble of a preachment to teach her the ohli*
(pition of an oath ; for she very well knowi,
It seems, what it is, and says she will rather
s]>euk less than more than the truth.
Rtt». I humbly thank your lordsh^ fn
what you have said to her. Mrs. 8mith, vnf'
was you at Kothprhitli the 14th day of nh^
4cinlier i*
Smiih. YeK, that 1 was.
Bo$, Did you come alone P or whom cadM
with you ?
Stmth. Mrs. Hilton came along with me, ^
I and another gentlewoman, and Mr. Shed let us'
in all together.
Riis. Who is th;it Mi-s. Hilton ?
lived altlie upper- end of Grace-church -street,
about tl;'-. timi^ eiu;litcen years agonc ; I name
no body, s»vs fie, yomlf know him whom 1
i.icaii : A.^ii there came a certain poor man to
liiu> ; lie was nut a |>oor man neither, hut a
carpfntt'.r Ly tmife, cue that wrought for his
living, a biiouring man ; and told that great
man, if he \toiild take his advice, he would tell
him how to quench the fire, but he pishetl at
it, uiid made light of it, and would not take
his advice. Which if it had not been tor that
grvat man, and the lonl mayors and sheriffs
that have been since, neither tliat fire in I^on-
don, nor the fire at Wapping, nor the fire at
South wark, had gone so far or conic to what
they did.
L, C. J. There wvlh a great man tlmt* lived
at the upper-end of Grace-church-strect !
Who did he mean by that?
RtconUr, He meant, we suppose, sir Tho-
mas blood worth, that was lord-mayor at the
lire-time.
L, C. J. He did not live there then.
Recorder. It seeius he said so.
Att, Gen. Pray Mrs. Smith, let me ask vou
one question. How fur were you «jff from lum ;
and where did you sit this 14th day of Sep-
tember, when you heard him say tliuse words
yeu speak of 1^
Smith, I sat upon the bed, and he was stand-
ing at the door.
Ati. Gai. My lord, we have done with this
witness at the present.
L. C.J, Now, Mr. Rosewell, if you will,
you may ask her \s hat questions you piea.se.
Ron. My Itinl, 1 was before going to l»eg
your psirdon for uiy weakness, U*iiig altogether
unacc|uaiiited vtitirtlicse tlnng:^: and that yon
would look upon niu as one that is fRo/is von-
siliiy and puiuon any thing that coincN from me
iiiil)ertineiitlv. I cannot s]«eak to her as a
lawyer to sift her, and search out the truth ;
will your lordship givu me lca\e to i^pcak to
her as a divine ?
L, C. J. Ask her what questions you will,
hut we will not have any T>f your preiflchnients
here. You must consider wheiT you arc, }'on
are not now iu your pulpit, but at the liar ; I
assure you wc do not intend to make a ^n-
venticle of the King*s-hi:nch court.
iioi. My bird, I meant only to endeavour to
convhice her, by putting some questions hkc a
divine, to her. Fcir 1 pity them though they
envy me ; and I bless my God, have prnyetl
for them many times since my iniprisoniricnt.
X. C. J. W^cll, well ; do nut btund to emu-
mend yourself now, this is not your time of
making your defence : Only, if 'you vull a^k
this witness any questions, yuu may.
Ros. You are uuder an oatli, mistress.
Umith. 1 am so, 5Ir. Rose%i ell.
Rits. Are you sensible what an oath is, and
the great obligation you are under by it to tea*
tify nothing Gut thetnith ? As yon will answer
it 10 the great God^-—
L, C.J. Ijookyou, Mr. Bosewell, ask her
any questions to tne buuncn that she has here
Att. Gen. Vou t^ill see her by and by, Mr. "
liosewell.
I Ros. Where did you meet together ?
! Smith. Mrs. llilioii lay with me all niglit,
j and we were together the day before.
Rvs. What time did ^ (»u come thither, pn^t
misti-ess i'
S/HUfi. I eaine thither before seven oftbe.
cloeU, befoii^ y«iu caiue. Sir. '
Rv:i. And rpray wIiom; house catno you to
at KntherUiili !'
Smit/i. We m-e inflirmctl it was captain.
WVldy's heiiN,..
Ros. .Alt \*n\ Miiv it was his house ?
Snith. \^ tiii-v did t<r11 u^, it was cap
Daniel Uebiy>;
lloi. I pniy, inistn'.*;s-, what room were ym
j in there ;*
Smith. We wcrt: iipone pair of stairs. TbcMj
I i« a littlf HMMH v^e couw iit sooner;
I utMf in iIk ioiim \%ith iliebed ; and thore
'. one Mr. Atkiiisim thert> thai was in
: iiig« aiul tb«Te were two or three hoys ot' Hii
\ntli liim thai s:;t upon the bed, and their sbwl
i W4'i'c pliieked off, that they miifht not dirt'lfci
j bed ; and 1 gave him hisboy'.s shoes from unlll^
tlic bed. ^ •*
Ro$. Prsiy where did 1 stand, mistress, il
you say ? '!
Smith. In the door-ea';e. ' '^
L. C. J. Wliat boy is that you mak of ?*^'
Smith. Two liovs that came m with oitf
ifiij STATE TaiALS, 36 Charles II. l6s^.—for High Treason,
Sfr. AtkioiOD; bis relgtiops, I auppose the^'
166
Jbi. Pc^v how did Ihe serrice begin P
Smith. Vou took your text out of the '^ 1st of
CwMii ; tbal was tlie eba|iter, to tlie Ix^t of
■T nBemUrance.
'Rm. Rut I ask you, 3]istr€S!i, how did the
vSDihn^ the sen-ice bcg^n ?
L C. J. You mean your prayer, you do not
IK to call it service.
&ulA. You^ade a prayer.
Rti. Was it begun with a chapter, or a
Mb, w how?
Smith. There was no psalro ; a long* prayer
m va4e, an voa u«ed to do formerly.
Km. How loDH^ was that ?
Smith. It was always ussed to be about three
fuilss of an hour long.
Mm. IV as there aiiy dia|»ter read ?
Smith, There was no chapter before you
CyMir teiu, as 1 heard, and I was tliere lie-
Jm. Uuon what occasion then were these
viirii apoLe, if there was no chapter resid P
&BiX«. I say thci'C was none till you took
Jimtatf andthen you spoke thuje words.
Mm. But how frame thtisc wonls in ?
Smitk. You always took a ivhole chapter,
aa4eipound«^all along.
Sol a I'Mi^ text for one sermon, miscri'ss.
LC. J. Yes, yes, we know you have a fine
I'cii, Mistress. V\Mn what verse of
were these wonis spoke, about
le king tu cure the king's evil f
inii I cannot be punctual to the particular
LC.J. Nay, I suppose you seldom keep
•i fSBT tfxt. I am sure there was never a
wsi ja anv chapter that warrauted the speak -
kgviiDy sui.'h words as these.
Smtih. My lord, 1 ranniit be punctual tu
Aefarticolar verse. It was uithin tive or six
^m of the lic^nning, J hilievc.
Mm, Tlien upon \» hat occaj^iun came iu tlie
w4i about the two \uckrd kiiiijrs ?
Smiik. in preaching you bruught it in by
fAv proofs.
L. C. J. W by, man, there can be n<i occa-
IM for s|icakii)g of tuo.se words, ^'ou simke
4hi without any occasion at nil. N'o iKHly
QileU what nccasMMi you had to speak them.
Mm. But, my lord, I sunp(»sc thiTc may be
■Bt oohert'uce in my discourse. I would
Imv haw iliey wen* brought in ?
L C J. W ho cau tell the occtiiiion :' Uo {
; a»e whatreaMiu any man has to K|ieuk
.' I tell vou there is none at all to be '
It. • 1
<lneaf your proofs iu your preach- {
'■Mconceniing Dalilah and hampKoii, and
bmnhtinthat proof couceruing the king*8 I
f «f women, it was out of the J udges. And
■Ahtdid not question, but that in the end
lirai would serve the king, as that \»hore
bM ltoi|iaoii.
J. J. Was this at the same time, upon
>.«KdajP
JSmilh, Yes, it was upon the 14th of Sep-
tember.
Ros. [fit please ynu, my lord, these are
not words that are chaigal iu the infor-
mation
L. C. J. You draw it upon yourself by your
questions.
Ros If Ihey were spoken, (upon that hy-
pothesis, \ say, if they were spoken ; but" I
deny the thesis, I abhor tlve thoiii>fhts ol'thcm)
1 would kuow how Uiey were brought in, under
what vtTse ?
L. C. J. Ay, I take you right ^s to that,
you do deny it ; and they are not in the in-
dictment.
Suiit/i. T cannot be punctual as to the verse.
Rits. Vrtvw u)H)n what account did come in
the two uicked k\t\g< i*
Smith 1 cannot tell the verse, truly.
Ros. flow came in that aliout Jeri)boam ?
L. C. J. Uow can she tell how you bring in
treason ? — /»(«. l\Iy lord
L, C. J. Nay, ))ray, Sir, hear me a little.
You shall ha\ e ull the libeiiy to defend your-
self that the law can allow' of. We ore a<^
countable to the law upon our oaths to do jus-
tice, and are as much accountable to Heaven
lor our actions, us you or any prisoner that
comes to this bar is to the law for your ac-
tions. But do you ask what reason yon spoke
treason for f 1 iell you no reason cau be given
for it.
Just. llol. Do you think any td'your audi-
tors can give an accouutofthe connection of
your whole sermon P
L, C. J. VVhen you talk hestderi the cushion,
do you tliiuk any man alive .is able to give an
account how you come to ramble and talk
tre:ist)n ?
Ros. Can you tell, mistress, when that wa^
spukL:n, of stai.diug to their priucipU'S, and
tijcT rums'- Ikuhs, \c.
S./iith. That was at the latter eikd of your
SiTiliOII.
L. C. J. When you had sai.l thrre were two
wicKed kiny;s, tlii'n presently you were for
standing to your priiinpU'S, and overcoming
your eneniicb.
Ju*»i. Ho/. It seems she was very intent upon
yoursiTUum.
J.. ( '. ./. Fur my part, I wonder she can re-
meinhur so nuirh us she does. It is much bhe
can riMUiMuber suc*h stuff as this.
I(tf.<. Thf (j'id of truth, luy lord, 1 hope
will niHuifest tiiif truth. l*ray\ nii-tifss, were
tliCM* words s|H)IvL'U one just allcr uitotlic-r iu
toy disco ursi* '.'
*.S/A*7A. No, they were ntit ; but thty were
ull spukeu at ihat titiu.-.
.fust. Jlol. Have you dun»* wiili her ''
Uos. No, my lord, I hmnlily l»oc«rh your
favour and patience a li;tK'. Pray, mistress
iSmith, did you write ?
Stnith. t'did not wiite till I came home, and
after 1 came home I did write it down. Several
that were there did uiiie down your K4!rmou.
Ros. ISeveral of whom, do you mean :*
limit h. Several of your congregation., Sir «
I
J 167J STATE TRIALS, SS^Chahlrs II,
Bm. Did yooT compaoioos write f And
ay where did you first wrile down these
words ?
Simih, After I came home I set them down,
word for word to a tiale^ as they were spokeo,
«i near as I could remember what you spoke.
Roi. Was flDy body with you when you set
tiiem down P
Smith. Yes, my own family saw me write
them down ; and the other witness was with
tiie ; and afterwards we went to the Bull and
Month, the Qnak«T's meeting* house.
Rat. >Vhat other witoc«se!i were by when
you tet them down ?
SmUh. There %va8 my husband, my appren-
tice, aud my child.
Hon. And did you <»ct them down just ex-
flptiy ax you have sworn them upon this in*
Hcif neol ?
Smtfh* Yes, to ihe best of my knowledge.
lloi. Upon your oath, in the presentee of the
'gicnt God, rUtl you set I hem ilow i\ as they wefc
ip«*kon r — Smith. \vn, I tell you.
L. C. J. Ay, I would a-^k you ihnt question;
did you (1 speak to v"" fksm the nresctite of
the gn'ut God» and upon your oath) set down
hiH words [nsX a» lie spoke them in «tibstance ?
Smiih. \cB,\ did to the same substance as
near as I could I'emember.
Hos. Pray what other words were spoken
between th<*s€ words in the indictment, il they
were not alt spoken u>|fetlier ?
Smith. One thing 1 do remember more that
you liaid thai: day. You said there was a word
thc> cidlvd cunliji^; hut for your part you
ditrnot understand what it meant, unle^ it
were ll»i5 ; You paid* y*»u chanced to go by
one of the jgrreat churches ; where peeping in,
you liaw a tnan with a while surplice, and the
or^ms H ere t(f>inf^, and they were canting, and
sinjjTiu^the Litany, the Creed, and the Ten
Couiiiiandmeuts with a Ha*ha-ha-ha*ha. For
your part, you were ashamed to hear it : and
this you said wasuil the canting you knew.
Att. Grn, You will draw tltis upon yonrwlf.
Rm. I am sorry to hear this indeeil, tin'
lonf.
L. C. X 80 am I too, with all ray heart, I
will itssure you»
Rvs. You say you set down tha words the
same day, when you cumc home ?
Smiih, Yes, I resolved so to do, when I ca*me
Bwny from the meeting, to write them dou u as
soon as I i-umc home,
iliw. Did yoti confer wttlt any body abovU
these words 'f
Smith. Not till I cam« to a justice of peacci
and discovered it,
Uni. What iusti»:« of peace v>-as that whom
you discorercd it to f
Smith. The llecorder of London,
Rctit. Aud yt»u iwear these were the words
that 1 ^jK>ke ?
Smith. Yes, as near as I can remember.
L, C. X if she s^*eur the sul>stantial part of
them^ it is enough, though the very exnrl words
she doth not swear: for the wonts are laid in
1 684.— Trial 0/ Thmai RbumUt [ 16S
tilts indictment in Lstio, and by wmy af m*
sertion*
Rot, Your lordship win pardoit ray wmk*
ness, I am ignorant of the law.
L, 0. J. And we will take care jim shall
hare uothing^ done to your preytidioe cliat it
against law.
Ros. i humbly thank your lordsbrp. IMIff
tress Smith, upon your oRih, you lay Mr* HbiH
was at that conventicle ? V
Smith. Yes, he let me in at the door, aikil
was angry with me thrit i would ootue so near
the place with my pattens ; he nanl H fll%k
give occasion of suspicion.
Rm, You were saying you heard him et •
pound. Where waa that pray T
Smith. Yes, that I did, at Mr. CrooksbaiikB*!
house ; and I heard him another time
Ro,%, What was the day in Aiagt»st that yoa
say you came first to hear roe ?
'Smitfu I do not say it was in August, but in
July, that I came first lo hoar yo^, the 9Qlb
of July.
Rm, You say I preached In tlie pobli^
mectin^'placc ; what day was that, pray f
Smith. The loth of Aujjugt, to the Ml if
my remembrance ; it was tttc foutb Bumlaji
as r rememlier, that I heard you there.
Rm. Have you not sworn agaitwi
tides in other places ? — Smtth. Ye§,
Rm. What con vcnlides ?
Smith. If my lords please to ask me*
gire an account.
Ro*. Have you, or haf e you not ?
Smith. Yen, several ; thooffh 1 nercrlMii^
any thing spoketi in any of 3iem agaitisl lihe
king^, but at your^s.
Ros. Did you swear a cmitenttcle agaiut
one Mr. Hales f
Smith, t swore it by confession.
Em. Were you at that conventicle ?
Smith, No, I was not, but I swora it by
confession.
Rot. What day was that conventicle ?
Smith. As they told us, it was the 13th of
Jnly.
Rot. Was there any thing done upon thai
conviction ?
Srmth. Y^c*, he paid his money that was sd
utxni him, and never made any appeal ; hii
wife confessed it.
Ret, What other convctiticlos hare y^n
been at ?
Smith. Conci»ming j ou, do you mean ?
Rot, No, any other conveutieles of the
natics that you have sworn agauist ♦*
Smith. I do not Inow whether thai Hc^
proper question.
Jim. What fcay you, mistress Smith ?
L C. /. No, no ; that you miistiial wsk 1
that in to accuse hersdf.
Ju^<t. Hiti. You must not a&k Hor any Chin|^
but that you stand here charq^ed with.
L. C. J. You must not ask her any Ihingf
that may make lier obnoxious to any penalty.
Ju!>t. Wttlcot. Do you ask her any
f)aestions P
STATE TRIALS, 96 Chaslks tl. l684.— /w High Trtaum.
[170
Xm* I wilS ifrKeotly^ my lord, I beg your
pyicAoc.
LiX J» Aft ay» tikeyoar own time.
&«. Plray, MisCrets Smith, were you a
liBMi agftiBfl ft conventicle at one Mistress
SmUL Ye8« tliat 1 bad by confessioo of her
Sm, Wis tkere nol cocae moDey ofTercJ
L C /* Thai is not to be asked, you mast
nmrnk h& ttty question that may make her
t^emt berneif crim i naj I y .
f SmkA, Nefer by roe, 'Mr. Rose well.
■^^Hl be^your loni»hip^6 nardoa^'-
^^^K /. 1 will tell you the reason for it,
^^Hm thai wbich ought to be satisfactory lo
^Hirafly body. They are not bound to'an-
^Mrtaiy mit«iioQS that you ask the witnessefi,
niercby toey ebargt; tiiemsekea with any
cnnic, or by aasweriuf^ may subject themselves
l««iy penalty. Whether It be so, or do, you
mi not aak tbem, but jprore it.
SaiiA, I never diil otter anVf my lard.
Boi. I thought 1 might 'offer any thing
ifiiiiat what she had iwom.
L C. J. Prore ivhat you can in your time ;
i«t dy nut ask her any such questions. The
kw isiO| and the same for vou as it is for e?erv
All. Sf istress Smith, you swear these words
werespoluii in the foreiKKiu upon that place,
tbe list of Geofsii^, une afipr another ?
Smttk, Yes ; those woHs, as acar as I can
i^etk them, were spoken (hen.
L> (X /. Are those the words you heard at
Tfi liuhsrance lljey arc, my lord ; as
I >ver.
more questions to ask her at
I my iortt.
f/l, Grn, Pray, Mistress Smith, s'mce lie
started such a quest! t>n ; have you been
wUh^ and b<^n oflfci^ed any money ;
what, and for w hat ?
iiih. There camt* tme Cartwright, and one
tomt ' \ cannot ijive an ac-
cxact) y it was ; and first they
tome iii«>iu ni^irfss Batho's husineas,
•aJ after wurds thev fell into dijicoarse about
IR/>*tvvrlf, and they told me» Th*iy won-
d I would buve my hand in any man^H
1 Said I to thcm.Nnpp^se you had heard
1 1 did, wlittt wodKI you have done ^ Says
Norton, you bad hciivt take *fO giiiueis,
not apii«ar «^n!»t htm; ^id he ; not that
body uiat I knof^v t4 that he is concerned
, «'ill C»*'e yon tliat sum of money, but
jm bad Mter take it, Hay^ f, uhatis the
'1 shall hriy m« off from
ih I would f*\ien\c, und
*' 1 tvidcnrc of
1 >Ir. t'nrt.
i li >iiu u,u\ fiot difico-
► woidd. Said J, yes,
. Hms^ any body eUe tampered ,
with you ? Have you had any letter aent fxt
you?
Smith. Nothtag till yesterday morning r a
letter came then>
Alt, Gen, What was that ?
Smith, 1 suppose my lord saw it.
Att^ Gen. Ay, but you must tell tlie jury
what it was.
Smitk. Ooe came to my brother^*, and
brou^^ht a letter thither, which I read orcr ;
and he said to my brother, if I could be any
vvi&ys assistant to Mr. Rose well in not coming
in against him, I might have 200/. paid down
to moiTOw ; not that Mr. Roscwell kncvr of it,
or would gire it me, but it was a iiagt?r that
wafi laid. Same laid be would be hanged, and
some laid he would not ; and so he said he^
would come and give me an account who it
was that spcke to him.
Att, Gtn. My lord, we hare done with her
now. Call ^Irs." Uilton.
RosewtlL Will your lordship please to in*
dulge me so far, tbat i may ask her another
question or two P
L. C. /. What is it you would hate. Sir ? *
Rosewetl. I desire her before she goc» out
to recollect one thing*
L, C. J. Nay, nay, she shall not go an^y :
If you have a mind to ask ht?r any thing be
fore she goes away, do io ; or &be shall como^
again, if you have any questions to put io her.
Att. Gen, My lonf, she is big wtib chdd,
and cannot well crowd in and out,
L. C.J. Jf she be with child, then let her
sit upo the stool there,
HoifwelL With your lordship's indulgtoce,
I would ask Mrs. Smith this queition ; the
Cfentlcwoman that was with you, Mrs. Hilton
I think you called her, did she agree with you
as to the same wonis, and as to time and place ?
Smith. If you please to examine her, I sop-
pose she will giTc you an account*
R4Xsf.weiL Then I would ask her this qucs-^
tion, with your leave, my lord ; whether waa
that other gentlewoman with you b the same
room ?
Smith. Yes, she was, ond snt upon tlie htd
with me, and I pulled her by the sleeve whrii
the words wen- spoken, to tate not ice of them. -
Att. Gen. C^ome-, Mri. Hilton, give my lord
and thejivy nn account; have you been at
this conventicle at any time, and what have
yoti hef^ril there ?
Hilton. I canie to Mre. Smith *f on Saturday
night, and on Sunday morning I went wifn
her to this place ; 1 was never there before io
my life, they said it was one Daniel's house,
one captain Daniel *s : it was near M eat -lane
io Rotnerhitlt. And when we caine ther**,
there was one that Mrs. Smith knew, that »tood
at the door, they call him Paul Shed, a little
man : and when wo came to the doot , he said
to iu5, Pull off your pntten», says he, for they:-
wi!| give too much occasfioo of distrust of
people's coming : So ^ve pulled off our pattens,
and said we would take care the neyt time*
Wh«a we came in, we went through a kind of
»
I
I
STAT£ TftlAL$, sti ChaullsU.
p. hiil^ and when iv€ G4me Uiere iiiioilie bail*
tlicrt! were a UllJ^ parlour i^fQiust it : we we«it
up the MUirs, ami wbtiii we cautc up sitairs,
ibere were l»'o more n¥»m?« ; ibai room we
came into was hiitit' vv It h satl*<'^>touretl pa|)er,
atul liooti llie IH^ uajid thet'-* atooil a liwi^t*
wood KiQii of che^L u 1 u and a little
^!aj» over iliai, M r H i nc, and stood
^ the «utraii€e oi Oie cloui , ?*o tUen^ was
a little ohild iii bed when we came up, aiid we
aat down *m rhe oiher side of the bed ; and the
vbild uiih iJiki.fl out of the l>ed m*esi*nily after-
frardi>» Mr. Ilosewf.U preacht^d ^poiithe^th
or 2i5t chapter of Genesis, I amnol he po-
^iijve which oj' them, but of one of theui it
was
HoumclL Bat u[>oo ytixa o«th cannot you
tell which it was ?
L. C. J. You tnu^t uoi interrupt her, Sir j
you shall hare your time to aak her wltat you
mil.
. HiUmx. ItwaslheSOUi or ilst of Gcn^i^i.
I witJ not be positive uhjch of them it wui.
tout the thin|r was as to Abraham and S^irah ;
that was tiie contents of the ch^^iter iliat Mr,
Rosewell was then pleased to preach tjpon.
AOerhe had tftok hts text, and pretichetl a lit*
tie while, he liaid, ' The petvple wriil flacking-
* to the king to cui-e tJjt? kinpf'h e*il, which he
* could not do « fortliev ou^bt to flock to them,
* that were priesta anif prophets, who by thdr
* pravers could cure Uietr gric vjinces.* Theti
h« ' a great while of the chapter Ibl-
lo :i J and then says lie, ♦ We have
* hatl two nicked king^ thnt hare suffered po-
* pery to come in noilei^ their noses, which 1
* «ui compare to uoihiuj^ but the most wicked
* Jerftboam.* Th#*Te was Rn*>ther king named,
^d I thiiik it waa TteholKiam. [ cannot be
positive as to that^ but Jeroboam I ain sure
wan named. Then he said, » If the people
' would stand to their ]»rincip}e«f he did not
' question but to oAercomc alt their enemies
* with broken platters, i"aros>h<nns, and a stone
* ui a sling.* Thcic \>tre Uic words Mr, Rose*
well was pleased to say.
L,C*J. Can yc»urcii;^etnl)€r what day of
the month this wan ?
Hifton. U was the 14th of September, my
lord.
L. C. X Do you remember what number of
people were tlicrc ?
Hi It on 1 btdieve tliere were 4 or 500 peo-
^|K > tl ret ful)« and two ruoriis
^M<}^' and the halt full ; and
pne Paul .-ML'«j ^a^ i»irs. Smith told me his
name tva«) let us in. I did not know any oi'
th^BO J nor ever had convicteil any of them ;
that was the first time [ ever was at a mc^etin^
ta my Ufe, and f had enough of it then.
L. C. /. You say you came on Saturday
ht to Mra, Smithes 'hotisa ?
iUan. Yes^ my lord.
In C. J, What tmie that night ;
tiiUttJim > t ornint^o^clock,
^ L. C. J* \ in ibc morniDg did you
fo along with her io ilua plaot f
SUUon. We urettiby 7 o^ctock in tbc mofn*
L. a i. Did :ilr. lan^c^veU come bdmt
you. or allcr you ?
miion. No, be came presetitly afWr vreirerv
there.
L.C.J. Do you remember any ocber wonb
he uttered there that djiv ?
lltiton. He ^^ " 4»f sercnl
things betwerii . atnouf
the rest, 1 heard niin fiei
said there was a worl , bii|[
he did not undersian«l >^ r.nt,
except it wert' the fellows i
a liaha-hn-ha-ha: tor my part, says ,
was ashamed to hear it-
L. C, J. Do you reaiembcr any otiier pail a
the discourse P
Hilton. lie had a great n
iho^e tiling, that 1 cannot no^v
affi i>;:litcd ine Io hear it out of -
L. C X ^^ heie did vou tfo ii
JiUhm. Wewentli - - ^'
\ias two o*cluck, an
bread all the while j o.i.. o^ ., ..,
hoiue^ Mrs. Smith took her pan and ink pre J
sently, and writ down those \%orde* ; 1 -^^^f Uhl}
band'nnd I and ^he were together :
we had tlone this, we went to the ^
meetiiig-.
L. C X What Quaker^s meeting is i\tit *
Hilhm. It is that by Chea^rside • ' tl
well remember the; naate, 1 think it - l|
the Bull and Moulh.
JuKt, IMioutty. What time of the day wiEsit
that the meeting was doae at Mr. Rosewtll'tr
Hilton, He came f*ora Mr. lio«efrdr« a
little aOer two o'clock,
X. C. X From »ev*.n l^> two did he bold;
that h pretty lont^* winded.
Hilton, No^ he went in to dinner, and left us
there, and abundance in the conpreirunon ♦ jt
«w eel- meats, or biskets, or such tuii!
had. Uut 1 am sure we had oothint: i
was never among you before, nor erar eonvicted
any of you.
Urn. 1 liunibly beseech your lordship to m«ke
her sensible of tltc obligation aIic is uudcr Uy
her oath.
X/C. X Ay, Ay : 1 will. Look vou miatfVMg
you must take notice, here is the life of a man
in question, whidi is a thing of (^req^t consi-
deration. And for you to have any con<H*ru in
taking away the hie of a man^ if it be upon
tiilse afroundfi, is a very dismal thing ; l»esides,
that there is a thing which is yet of {^jrvatcr
wtijrhtand moment to you vouJ'i^lf* it coy
your owtiimmortal soul. You must
what g'uilt you contract upon yourself |_
tdl a lye ; *^bul tliere is a much greater ]
contracted, if you offer to swear a lye in a i
of justice, upon a cause of this couc
Consider, I tell you, you are io the pr*
Almighty God, ibal aeeth into the hearts \
173]
STATUE TRIAIA 36 Chahles
; that is the aven^^r of all lying and
tha.t itiiy justly sink voii into HeU, if
_. ofer to swear a falshood. Therefore, 1
<iar^ yoo, in th^f name and presence of that
pfoX God, the judge of heaven and earth, to an-
nptr Be truly to this qiiestion : are the^e tliin^<
llmi jou hare sAvorn here true ?
HiifM. My lord, they are every word true.
Then is a gentlewoman here, one Mrs. Col-
lagwwid, that shall wKness I set them down
ttaday ; and went away to the recorder, and
|iic hifii an account of ttiem.
Mi, Gen. Well, if you have done, go over.
L.C. J. No, hold.'Sir, will the prisoner ask
hv loy questions ?
Mm, Yes, my loni, with your leave.
L C. J. Ay, in God*s name, what you will,
ifat ■ fitting to ask.
Bdi. Mistress, what isvour name?
Bihcn. My name is Hilton.
Jtoi. Was your name ever Shafloe ?
"EUian. Yes, but mv name now is Hilton.
Bn. Or otherwise Smith, I suppose : for I
taw heard so.
mM. No, Sir.
Im. Then, Mrs, Hilton, upon the oath you
kMetdtto (for I hope you have observed what
i^ltv^ has said to you'about the sin and dan-
frtffte swearing)^—
Mr. Rosewell, God forbid I should
e to tell such a lie as this, if it were
A to my knowledge ; I would rather
^ak loi than more.
Jfoeyou at Rotherhith that 14th day
Vei, I was. I waswith Mrs. Smith
« iMrftmse over night, and went with her to
AAsitt at seven o'clock next morning.
Mm. Whoae house were you at there P
EiltM. I cannot say at whose house it was
tf aj awn knuwledifis for I was* never there
Mr in all my life ; but they said it was one
OanielVk house.
Mm]
What street was il in ?
^ioa. I do not kntiw what stret't it was in,
itfiiueai West-lane.
What kind of baildin^vs were there in
Ktttm. Over-airainHt it, a little way from
time, i^ a hrid«j:c, tliat we went over ; 1
iere it ina\ be soine ten or twelve doors from
tikMse. '
In the street, you say over-against the
BZtov. A little way frf»m it. Mr. Wosewell,
9JN do remember (1 can remember these
very well) thercwere shutters in the win-
' the sun catne in, and you were afraid
tks that went by should hear you.
a was not lig^ht enough, and*vou
i that one pari of the shutters mfg^ht
M ; which wds doni^ : and then vou
dial half might be shut again, for Foar
lleslwuld over-bear ytm.
Wfatf kind of ehtnuioe is tliere into the
h. IWa is an entry^ and from the entr\'
1
11. I684.— /(w Uigh Treason. f 174
we went into a little hall, the rooms were but
of a low height.
Ros. \\'as it in an upper room, or a lower
room that I preached ?
Hilton. It was in an up|ier room, you were
n|) two pair of stairs, the chamber was hung
with sad-coloured ])aper, and a sad coloureu
bed was in the room ; upon the left-hand, as
3*ou stood, there was a chest of sweet wood
stood, and a little cabinet u|)on it, and a glass
over that : and upon the right-hand, on theside
of the chimney, was a closet ; I took very good
notice of all tliesc thin^.
Ros. Two pair of stairs, upon your oath, you
say it was ?
Hiltoiu Yes, it was two pair of stairs upon
my oath, Sir.
Ros. How many steps, Mrs. Hilton, were
there?
Hilton. They were low stairs, eight or nine
to a pair, I think ; I did not number them, Mr.
Rose well.
Rtrs. The other says, there was a little room
up six steps and that I was but one pair of
stairs high.
Hilton. And there was a garret, my lord ;
which I am sure there was above 400 people
there at that meeting.
Ros. Did you sec that uumlier of people
there?— H//^m. Yes, 1 did.
Ros. If you were within in the room, how
could you see them uU there that were below,
and in the garret, as you say ?
Hilton. When you went down to refrcjsh
yourself, to dinner, as I suppose ; sdd 1 to Mrs.
Smith, for theL#ord*s sake, let me go out, for I
am aifrightod out of my wits to hear such stulT
us this.
L.C.J. Frightful stnft' indeed.
Hilton. Says »i>(% you caunntcfo out (ill they
all go ; tlure is noCoily to let yon out ; but
I would fain havch-i^i j^'.»t ontlhcisc**.
Ros. What time did }ou come thither, sav
> ou ?
Hilton. "We eamc by seven (rdot'k in the
morning.
/^^^ How did the cXtn isc lci;iu ?
Hilton. Between scvni niifl cntrhi.
Rt». 1 du nut ask you what tiint;. but how il
began ?
J Jilt on. Vou made il kind ot'a prayer, I do
not understand your way, for I ne\ er was used
to vc»in' meetings, 1 ucvcr was at any before in
my life. \ on took your text (I cannot be po-
sitivi' which, but it was) either out of the *iOi\i
or 'Jlsf ehaptor of Genesis.
Ros. IJut can yon remember these wonls, and
not the chapter !'
Hilton. 1 can loll you niori; tliai \*in jsaid, if
you please.
Ror.. Mrs. Hilton
^ L. C.J. Ui her go oil : \oui.sLheraques-
tfrfn, and will not stay for ua answer, but gu
Id another thing. S\iv i ; teliiug yt»u what wan
done.
Hilton. This I am po-ilive in, it was tiic '2Uth
or f>lU chapter of licnif^iis : tiie' story wi**
STATE TRIALS, 36 Charles H. i5S4.^Trt«/ of Tk^mai RoMewtU,
^
P
I
nbcmt Alimham midSarmb, how he bid her call
hersejf hm sister.
Rif». Tbal i« rhe ^OiJi chaplcr,
L. C J. Na V) I su}»|iose you om remember
the text bttter thao thu womun.
Htiimu 1 believe it uas ibe 20tU, that jou
(Ud most ex|Kimi4l upoa tlibt day ; for you said
at loiit Abinietech tuade Abraliaoi a jtresent,
\rhkb you did tUiuk might be about ^ giu-
rteat.
ll^i. I see you aie thurougli^iiiiced.
L. C*. X I^letUinks sht^ brouglit away much
©f your precious stuff for one lime, upon my
word, *
Hoi* Hou' long* did you stay tlicre, 9irs.
Uiltou ?
Hiiton* I &taid ibere from tlie time you
came til to the end of all i about ek^ co or
twehe o'clock you weot down to dinuer j They
that uere tberJ staid till you c^ime up aguio,
irhieh v/ks in the attertioori^ ftnd Iheu you
began upon a text which you took in the
P^ms, i think ; I c2imot positively say where \
but a new text you did take, that you did,
itof . Iti the Rsalms did you Kay ?
Hilton. And if it nlease you, Sir, I never
saw you but thco^ and noWf in my lite.
Ito^. What habit wo^ I in ?
Hilton, You had a carablet cloak on that
had an eye of blue in ii^ and a mourning hat^
band about your hat ; and upon the beikido by
me sat Air. Atkinson in a mourning cloak, and
his two beys.
Mm. There was some stop or pause you say ;
yott call it a dinner?
Hilton. You went to dinner, I suppose ;
I know not wl>ere jwu wer^.
Ras, Pray bow did the exercise begin in the
afternoon ?
Hilton. \ cannot Tery well tell.
Ros. Was you there to the end of it f
Htiton. To the very end of all
Rot, What P»dm wis read, or w bat chapter
that I preached upon ?
Hilton, Sir, f cannot remember what your
Psalm is. These are the words that you said^
and that vou preached. Sir, I cannot remember
how all tnese ciroe in, nor alt the stuff that was
iaid.
L> C. X She says she cannot rememher all
your stuff,
Hilton. I was nerer used to a c^ntenticle in
my life ; and 1 would 1 had not been there
then.
Roi. What was the text I preached upon ?
Hilton, In the mitrnintf it was, 1 tell you,
the ^Oth or 5 1st cbaptcr ot Genesis. Bnt the
head* of your s4^iinon, and after you had
talked ahout tbe kni'^, and all those things,
ffis about Abrabani aih\ Sarah
Rifi. But what waa til e text in the afieniooo ?
Hilton. 1 cannot ttll that truly,
Rq$. Then upon what occcsio'n were thoee
words in the mornmg about flocking to tlie
kJQ^tociirc the evil r
Hilton. Sir, you said
X. C* /. How can any body tdl what oc-
fl [1T«1
at I knoW^
casion you could have. You bad no
from that text, nor any other text that ]
of, toialk of tbe kuig'or the k»«g*s etil-
Rot. But 1 speak of the coherence of the
discourse, mv lord.
X, C- J. \ ou oreach without any eoWciiei,
or you never hau been brought here. Wlioi
you give youraiclf the liberty to talk of then
lhtnpf»« yon ramble from your tejit.
Rot, 1 nieuii by it, my loni, m hat |*ari of tht
diapter it was that did lead to it ?
L C, J. No man living can tell ; «t waa ttut
devil led you to talk treason ; Tbe ii '
tells you so, that you had not the fr ^
bcfVjre your eyes, hut were moved ami icuuctui
by tbe nistigation of tbe devil to do kL Wlk^
leads people to do all »orts of wickedofSBi
ibetlevil ? You can give no reason for ityour«j
seir, nor no one eke.
Rot. Were these worda delivered b
fonmoon discourse f
Hilton, T do not know what yott call fcie^l
noon, or afternoon; 1 am sure we
dinner^
Rm, But was it all before, or after I
oif, and went down ?
Hilton. Before, Sir.
X. C. X She says it was before you weot i
dinner i but for her part she bad no dinner ai
all, she says. If you have done with IiqTv tbco
goon, 31 r. Attorney.
Att.Gm. Where is Mrs. Joan FarrvF
Farrar, Here 1 am, Sir.
At I. Gen. Pray, will you tell my kirf aorf
the jury, were you present at this house wHeo
Mr. Roseweitjjrcaencd there ?
Fur. Yes, Sir, 1 was.
Att, Gen* What did you bear him say t
Fur, Do you ask me of the 14th m' Sep -
letnber, first » Sir T^^Att. Gen, Yes,
L, C. /. Why, were you there at any tAh«%
time ? — Far, Yes, several time*.
A(t. Gat. Well, take your own way of de-^
liTenng your evidence, and give an account < '
wbat you know ot the prisoner,
L. C. J But, hark you, be sure yott tdl i
thing but what is truth. You muat
here is the life of a man at the stake, and ;
own immortal soul is at stake too, Y^ou are i
tlie presence of the great God of heaven i
eartn, that seeth into all your actions i-m^
thoughts, and searcheth the hearts of all maa*
kind, and therefore have a care of contracting
any guilt upon yourself by lelhng any lye j
be sure to say notning but w'hat is truth.
Far* Sir, I was not in tbe room with him ;
I was in a parlour or hall, what do you call it«
a low room ; and be was up stairs above it.
Alt. Gen, But were you in the congrega-
tion? Were there any otlveroflhe hcarera in
that room among whom you were ?
Far, Yes, Sir j there were a great oiany of
them there. Sir.
Att, Gen, Well, whatdid you hear htm aay f
Fur, Sir, oonoeming the evil was the first
thing 1 heard htm aay ; and he matle it aq%.i
that it was not tbe king that cared it, but ill
4
STATE TRIALS, 36 Charles II. l684.— /or High Treaion.
[ITBT
ihoald flock to. It is we they should
%y% he ; for we are they which are
Ks mnd the propbt-tK, that by our
» core the ipie% ances of the ])eople.
'n. What did you hear him Kay more
be next that I observed was, he suid,
IT two wicked kin^s together ; but I '
tell who he cumpai'cd them two i
ip to ; but he bid the ])eoplc stand •
mndples, and in time they sliuuld
tlidr enemies.
T. Pray, have you heard him at any
es, 1 have heard him at other times.
r. Did you take notice of any thing
ainaC thegfo?ernment ?
beseech your lordship, may these
estwns be asked ?
Yet, I hare told you already ; to
* practice. It is uot at all a leading
What did you hear him say at any
about the goveniment ?
I a mill, it was bv Hothorhith-wall,
liBn'a, tie pray eif that he might not
lisrd ia not ]>raying fur the king ; but
night please to open his eyes, or turn
Can you remember when that was ?
; was the 17th day of July, no,
I, to my best remembrance; and
tnh chapter of Genesis.
. That he preached upon there, did
.Yea, Sir.
'mJHd vou hear him say any thing at
•toe?— fVir. Ves,8ir.
Wm What do you remember about
nriet?
Tell us what you heard him say else?
t West-lane end, at one Paul Shcd*s,
a preach concerning the fire of Lon-
tifhleeu years ago. That there was
pmX rich*man, that lived in Grace-
net ; he said, lie needed not name
Moaed they all knew who he was ;
la there went a poor man to him, not
la aeitber, but a carpenter, an huiise-
kbonring man, ami told him how to
la fire; and then he preached, that if
tbcin for that great man, that tire had
I Mr the fires iu South wark or Wap-
il had not been for the lord mayors
Im Have yon any more to nsk her ?
kr. What h«i%e' you heard him say
hb No, my lord, we have dune, 1
i Aaswcr my brother Jenuer*s qucs-
i[r.- Whataliout people in scarlet ?
MB aAsr he hail preached concerning
■'■^idit was a fine sight to see fools
M ; and be heard the Itecorder
lia judge.
» ham atrange stories it seems.
■■hi of this, brother Jexmcr ?
Ros. God forbid, my lord, this should be
true. I
jL. C. J. You see she swears it.
Just. Mithint. Mr. lioseiVell, will you ask
her any questions ?
Hos. Mistress, you say you were at the
meetings on the 14tli of !*$eptembcr ; pray iu
whose bouse was it?
Far. It was at a house at the end of West-
lane ; there are a row of houses that lace to
the fields. — Rm, Hut whose house was it ?
Far. They said it was (me DaniePs house.
Rat. In what room of the house were you^
Far. In the lower room.
Ros. Did you see me there ?
Fur. Sir, you were gone up stairs before 1
came in.
Ros. You did not see me there upon your
oath ?
Far. No, my lord, I did not see him.
L. C. J. She said at first, you were gone up
before she came, and she was iu a lower room.
Far. But I knew his voice.
L. C. J. Did you know his voice ?
Far. Yes, Sir ; I had heard liim several
times.
Ros. Did uot you tell somebmly that you
heard none of these words ?
L. C. J. Were you asleep all the while?
Far. No, Sir, { was not asleep, I did not
sleep while I was in the room. 1 never slept
in your presence in my life.
Hos. Were you tlicre at the beginning?
What time came you in ?
Far. Sir, I believe you had read half your
prayer ; I was atthe beginning of the sermon.
Hos, Who came along with you ?
Far. I came alone ; my child was uot well,
and so I canu; lute.
Ros. What was the chapter I was upon ?
Far. It was upon the i3 1st of Genesis, Sir.
Ros. Upon what verse of the iiUi of Genesis
was it, that you heard these words?
Far. I cannot tell what verse it was.
Ros. I ask, my lord, because 1 went dis-
tinctly upon verses.
L. C. J. Prithee, man, 1 care uot how thou
wentest on.
Ros. Cannot you tell how they came in ?
Far. No, Sir.
L. C. J. Nor any one else, 1 dare say, how
such wonls can come in ?
Hox. Were the words spoken together iu
that exenisi" that you have sworn ?
Far. Vos, in that exerciM*.
Ros. How long did you stay there ?
Far. Till you had doue, 1 believe it waf
two o'clock.
Hos. Was it in the ioreno(»n ?
Fur. \\ e had no dinner ut all ; I cannot tell
what you call forenoon, or attcrnoon.
Hos. U as it all spoken uj)ou that chapter,
upon your oath ?
Far. Truly, Sir, 1 think it was upon your
tirst text.
L. C. J. If you have done with her, let her
go over.
N
STATE TRIALS, 36 Charles II. i684.--7Wii/ oJ7%mm Ramwdl, [ IW
!
I
■
I
Ait* Gen, We iKall call one or two inotre of
his uu<Uu>ni at nthcr times^ that will g^ive some
ftecouiii of \m way. \\ here ts your man, Mr,
Atterliun' ? VVhiiC is his liuroe ?
AtUriur^. P«tcr» But hereii one of tbc
Ait* Gen. Swemr him then. What if bis
nami' ? [He una sworn.]
At t a bury, FUihtTt Cout, he (^ys.
Httovdtr, \Vt;w you an officer m this place P
QkiA:. YeSf in St. Mary ^luuithu^s 1 was ;
8t- Mary Mfi^ihilpti, UenuoiuUt^y ^mrish.
liccordcr. VVeic v«w at tlu 40!'
any procesjs ai^ainsl IlosewelVs «
OjoA% It' it uitrajse you^ my loni, i luii .* uar-
^nt vVoin !»ir Thomas Jeniterf to nerve ut one
t^c4tly*s house, a luieklnyer m Hotiierhith ;
auii tk Urn I came to tin? itoiis*; to sene it, tUei'e
Wafc fihut|«iiino€ ot' peojile, ajitl a gTeal riot was
tnndp, but uo bloi«s 1 cimiess ; hut a greitt
tiiinwltoi'jw«jj)le. that had not J ami the b«^dle,
oneSttuiuel Bennt^t by tiiime, caused the peupW
to stiiml clear, I i]u not kuo«v but there might
hiive been mischief ilone* Of which i*c upon
that ffave un account to sir Thomas Jenoer,
«i»l he hnih bouod some of the |ieopU; over H>
thcsesiiqrms.
L. C. J. VVhat do yon mean by this» geii-
tlemen T
^^f* Gen. My lord, we have done ; this is
aijly ahruit Koiue disturbaoces tliat the king's
otiiceni meet with, in executing proceiis atptiufl
these convtoitictes.
L. C, J, But what is thiii to tht prisoner ?
A(i. Gnt. Here is ^>me woulif have him
enlled ; but { eotifess t»€ cannot make any iis^
of Itis evidence against ihtp pii^ner, oidy as
to what is bmitd in the imlictineut^ that he did
it to disturb ihe peaco-^ -^
L. C* J- Pish, that is uuthing, the officer did
hbdaty; but wliat is thai to this biisineiis ?
Have yoti done, j^^entlemen, for the kifiy; ?
At I. Gcti, Yi'«, my k>rd, we have done.
JL, C. J. Then* Mr. Hosew ell, now is your
time to make your defence j and you shall
have time to make it as fuli as you wdK
Sim. My lord, may I have the favour to
have iho ludictmcnt read aj^am in Latin ?
L. C. X Yes, yea, if you wilL Ilcad it
rain.
Tjim, I huriihly thank your lordahip, only
lie words, my lord.
CL uj Croun [reads,] ' In (juadam illlcita
* assf^Tubiat^ 10 pru^cntia et uuditu divensoruni
* aubdii* dieii Doiului Re^is, adtunc et ibidem
'tllidtcet sfditioise asiieuiblat* et cong^reg^t",
* as2feruit et declaravit <{Uod poputu^ (s»ulMtil^
* dicti Uomini Rvg'is nunc, intiuciido) coaduna-
* tionem ftcere (Anj^lice made a flock inu)
' tiicto Domino Re4;i none, bob prxtexta sa-
' nmidi morbum regni (Ang;tice the king's
* evil) ijuojI ipse (dictum Doroiuum reg-cm nunc,
* itcrum innuendo) facere nou piilest ; sed no«
< sumtiii illi (fieipsum Thohiam lloseweli et aP
' !iaiitio(>a!» tt proditor* person* innuendo) ad
* 9UOS ilU (ligeoii subilil* diet* Domioi regis
* uitac, ioaueado) debent accedcre '(Aoglicai
* flock to) ^uui DOS (seipsum pni*diat' Thomain
* Rosewell el at* nedti' el prfwIit^H * fttwam*
* itcrum innuendo) unmus sacerdotes ct pro>
* phctie, qui pr*^ibus doiorcis ip^orum (lig^etM
* suUtit* dicti Oomiui re:>is uuui\ it^rrum ttuiii*
* endo) sanaremus. Nos {nubdit* et hg^eoa
* hujus regni Ant;-li(c innuendo) habuionus nunc
* duo«J ini^Uus leges (!!)ereoi>sinium r';tro1uni
* pruuuui It u per regem Anglta*, et <i
* num rcgeui nunc, innuendo) in-
* periniserunt Uumauam su|>erNttUoti< j : vi-
* l^rlice Popery) itit^reili (intra hoe ir^juifo
* A ngliu% innuendo) iu eorum •
'' glice under their noses) i^oi y
* luu) pnioum nu|>er reyefu Am
* J>omitiurn rej^jem uuut, inuu^ 1
* po&iunt ad nullam perjionam i... . — . ..^.j —
^ i>imutn Jei'ohuam, El si i|»si (<Livera^ iua)«-
*' disiposit' i-t &edit* person^ adtunc et ibidvm
* cum prefiii' Thomam Rosewell ilhcite ct §«-
' ditio«t' a^^emblat^ et congregat'^ rxisttn' in.
* nuendo) ad lundameutar ipso runt
' rent (An>;:hce would atactd to their ^
* ipae (seipsum Thomam R<jseviell miiu
* noil timeUat quio ipsi (seipaum
* Bo'tewell et pnedict inaledispos' et
* person^ sic ut pretertur aMcmbhi* inauendd
* m«micos8uo5(dictuTn Dimunum reu
* ct li(reo& »utHtit' ipsius Domini r*
* innueudo) vincerent. *it ut in p-^'^t'
* Ctjm cornubus ariet\ pal mis i
* broktti platters) el lapide in iui :_ ^ ...^...^
* Siing) ^c**
Rt}i. If it please you, ray kirtl, ihal uhlrfi I
object agamst, and desire to b*
your WdAhip, is thi» ■, 1 ao>
dpeakingwo*^ abfmt flocking 10 ii
cure lb e king^s evil ; and it is in t
mcfit called ^ Morlma Regni Anglici,' liiai js
ihe disease of ihe English kini,'dom
L* C. J* No, no ; it is * Morbus Ite^ni, An*
* glice* ihe king's e*ilt
}io», 1 do nut understand how * Morbiia
* Regni* can he the Kirtg's evil
L. C* J* Therefore because th* «
word in the law for lliat distent 1
up by the word * Attglice/ to .si
meant*
f^o a|vl
rlptl
ihey
Ha$. Btit. mv lord, I understand there arc
proper words for the disease ; as Struma^ und
Snroftda^ Chose are proper words lor ii, not
* Morbus Reffui/
L, C. X Not at all lu law, those may be
tlie wonis used amoiig physicians ; but in
legal pnH'ef*lin|^ we are to ket»p up ejtacily
to the lef;al n^iittes and phrases ; and w her« wc
have not an usual iior«l, then we help it iii|i bj
Anghce's : and so we here express thatiety
dibtemi>er, which is called by i\w nanie ol ihc
king's evil, by a wonl framed as near to a law
plirase as we can ; and to shew our toeoiiing
in it, we add, * Anglice* the king's eviL
Rot. My lord, IS that Ihe phrase ibil it
proper for jt in law ?
L. C. X Yes, yes, it is very well eitpr
to shew what is meant.
HoicwdL But, loy lord, < Mocbtis
^181] STATE TRIALS, 36 Charles U. i684^>r High T^ra$mt.
kin Engiib |if«|ii^j^be disMse of tli« kmg-
i^ C J. It iH 80^ ihe Htsease of the kin|r-
4wn ; il'ibeybud i'<iuo n«i fiirtbt-n bul lelt it
tet» It mtgbt t. lU'h an inter|>r^tatton
ptttflponit. Bi the words nre so
iiiikiguoa& iu Li«fj(if ihc'v aio rptlufcil to a cer-
taUMj. by (luUifitf an * Atiifliee' ii> them,
Rm. I t)iought it bad b*«n Anglici. My
Urd^ tbere i« another ^*hra*e that I obie<?t
l^tnstf it says, * Nos hiiliuiuiu:; nunc Juos
* alfBOt Ri|?es imitmil/ Vly loni^ this cannot
he uuikiifoni) f^rtwo liin'is oni^ atler auothcr ;
bill innmnl mnketsi it to l»f l»e»th al once,
£. C X ^f^>, wehttvi* had uou lotjether two
" lliQt w€ do not use to exiiress so in
The trcrds do tlius sound in Eng-
HfTf* nrp fwn wm-ds in$imul and itwwf
^ time. My lottJ, t
Jiisuhile tipon the
tUM tin >* w L*t lU wrre spoken by
1 filill liup and ahvays must deny the
.C'J' Hetnkeitso.
||({»T ■■'■' ' ■-' t - -• -rnivK
I- C* X I (d wrtli your
vvtili. F' v.,.,j^.. ^ ,. I that you said,
VTeba* I V iiad tirti wicked kings together,
too) ^il> r» >^ii*Jy*
I Rm* H that he an Anglicism, this cannot be
) L. ^ . if it t^ a blunder in the I^tin,
. t of your making ; Ibr you
^AMiu Eu^libh, and the Indictment in
♦^Tiit'tJy |iurs«e your Eughsh.
^ Jln» '*" •! . bert' i^ anotlier exprts-
t lhJ, * iifimanam snper-
ta come in,
L* i hat well express<»d ?
H^, i'is *. ,.,vi*i may be superstition in
ife worship of the Cliifrch of Home, and yet
ikdEitJi Lwttir liiin ' we call Pnper>.
L. i y iif#, you siiy rig^ht ; but
liicuii I the same r<^i^Hon, as the
fmmtt pktnuh/t you objrcteit against aliout
but R«tfTii.' Beraii«c *■ llomana Super-
* is such a general word, and because
! jfCTcmi supcniitions in the Romish
ieb, abundance of them ; and this may
' it onrcrtain ; and because we have no
wnrti to rYpretui uhat we call |H»pery by^
there la an Ang-Uce put m, to shew
i tf Rirant.
Sim, Tben^ my loul, it is said * in eoruni
* Oqiil»^f*-tn ic ll.il rnrKl IQy lofd ?
L. » id'cr their nnses f
Roi _<^t.
£. C J- IVftv^ bow wouid ycra put that into
latio, uTirfr T th^ir noses?
RiK , iff sbould spcHk aecording
t^tbr ^ of the Latin of this Indict
mtnt, r lordship says muKi exactly
p«mu' ^Itsb, I wouJa r«nd#r li * sub
[182
L, C. J. ^uoh fieople suffer ccmTenticks
under their nosfs, •- in eonmi couspcclu/
Just. HoUimmf, It IS tyiA ymw nose thrit 5
L.C, J, Sutler relw'lluju ui>der your no-si'S
are these things * 8ub nsribus^^ or ' in co
" spectu V
Rtm, My lord, ibis could not po^sildy \m
spoken of the late kinqf, and I his Umu; ; when
the preecdent king died a professed zculous
ProlcNUint ; and tiis |ireseni tnojosty has so
oAen, and earnestly declared a^atnst it*
L. C. J. We know that rery well ; but yet
withal we know, it was the pietonce of Fopery
nnd arbittaiy powcr^ and thoj^c lUin^s, tbut
brought tbut' blessed Martyr to tlve scaflToM ;
and ihe j^real cry now at this day, by all f^ic-
tious and seditiou.'i busy iWlovvs, is ag^oiniit
popery ; as if it »v ere just breakini; in upon
us, and the government abctteil it ; when it
is all ffilse, nothint^ more uutiue : ilk: Indict-
ment calls it jo^ says these wortis are fipokea
* falso cL nialttiose ;* and all trea ons are so*
R4>s. Then, my Inrd, there is anolber thing,
^ 8i ipsi starent ad FuudaujenLabai'ornnrt, An '
* glicc,' If they would sland to their princ
pies, or principals ; tor I know not how it la ^
in the iiidii^tmeut. Pray, my lord, bowcoiucs
* Fundanientalta' to *i^nify principles?
L. C. J. Their firinciples, that is, their fouit*
datjons, or fundan^entalii. ^ U the fomid.itiun
* be destroyeil, uLat ean the ri^jliltons dof
savs the Pialniist. The Latin bible cx]»re
etb it b}' * Fundamcntalia,'
liu$. Then il is * si ip«ii' in the tliird person ;
now, my lord, in common sense that mutt
needs reler to the two wicked kin^that were
spokenofju^t before, or to the king, and hl»i
(subjects sjHiken of atterwards ; and then sure
it cannot be treason.
L, C J» No, * they' that ig, I and you that
are here. It was spoken to your congrefj'a-j
tion. If they would «itand to their pnnciplcgJ
then come the broken platters, &c.
Roi. If it were spoken to iliem, and of
them, itujust have been * you* or "^ we.' Then
it is added in the end, my lord, * Fialis l*a-
* tinis,^ broken platters i your lordbbrp has
remembered me of that wotd. My lord, I dk
bear that Mrs. Smith did swear at Kingsto
assizes, it was Pewter platters.
L, C J. I do not know wliat she swo
tbere ; now I am sure >hc swears as it is in tb
Indictment.
Roi, 2^1i$tress Smith, F*rav did not yo
swear it was pewter platters nt Ktng^stm ?
Smitft, No, I never said othtrwifie than I<
now, and that is, broken platters.
Roi, 1 did hear she swore pew ter then. Bill
my lord, I conceive if it refers to toe. and the
people that were there, it shoidd have lieen, as
the former sentence is, in the first person ?
' We' bare had, &c, hot here it is changed
into the third perion, and tberefore caADOt '
so meant.
X. C\ X But it plainly ipeaksits own i
ing, that it \h meant of the people there.
Rm. My lordi itien as to the luouenda**. f *
18SJ STATE TRIALS, 36 Ch arlbs II. l68i.-*7Viii/ oj Thamai Ihfiewtlh [ISl
I
•ae there are eijj^lit or ten of Ihem* Whether
Are these to tn^tke such a constnictinti of n
iriiin*ti tfn?Anin^, whicli doth not oihcrwisfr siiiti-
ciently ap|Kiirf as td briug' a mna uuilcr the
guih oftrrnsonf
X, C. J. t i«ll Tou the inedniintr is ptain ;
if you ftutl lie, such f.)lse trnitorsi im are samJ
to be ilicre aisv^rtihtecl \iith you^ will but stnnd
to our |>i inriplt-M, we &h:ill overthrow and de-
stroy our ciietnlei ivith brakcn platters and
rani'S'hotiis.
Hiir, ItiSsaUl here *i [I'M? won timtUat<juin*
— Of whom hhouti) I spenk that * ifite ?*
/-. C, X You were speakingof \oiirseif and
ttmt is in the third pcrsoo, aad
III _ ! number.
SoL Ocn, (Mr. Finch) No^ the jurors that
find thi> Indict meiitiay, that he said so, and
thftt niuA be lU the tliird person.
Hot. Thnt is not accordiuir to the rest.
Just. IVithins* 'They/ is the people with
him; and ' he,* is he himself; thai is plain,
aud can have no other construction,
Hoi» Now, my lord» will your lordship
please to accept a froe declaraUou of the Irutli
of this matter r
L, C\ i. Ay* ny» go now to the fact ; now
we are &r^t o?cr (he exceptions to the indict -
toeflt. To answer the fsct is most proper at
thui time.
MotetvclL Theti here in the presence of the
great God of Heaven, the rififhteous jud^e of
all the enrth ; htfore whom yuu and f , and all
that are here, must one day a[i|>earf at llist ter-
rible bar of impartial justice (and a glorious
tribunal it will be), to give an account of alt
thinjips that wa have done in the body» whether
they be good or evil : and I am told by my
blcsNcd Redeemer (who shall also bo my judife
that day), that an account must be given of
every idle word tlmt I ?»l)all utter, how much
more lor lying' and nnrjurVf and false- witness
bearing? as \our JoriUhip (I humbly thank
you fhr it) dicf very seasonttblyiiug'i^.'Stto tho<se
that have witnesseil these thmgs against me j
1 say in the presenoe of that ^rreat God, and
HHslionoumnle b«»nch of rcvertjud jndgea, and
you gentlemen of the jury, ami m\ dtJir coun-
try men, lim! have been now sworn, as well as
retui ncd by the process of law fitr that end ; 1
do here must solemnly declare tlic truth luito
you, a:4 in the presence of this God I shiiU ao-
Bvvi r It h^^rmfWr. Ami I shall bt^yin with ibe
I t" these Wfirds first, where this in-
II uds ; for that seems to rcler to some
thinvs of the laie Ijioes; and aluo to my trea-
sonable intentions now. My lord, and dear
cotmtrymen, because I lieaM somclfiiu^ men-
tioned as to the lai^ unhappy civil warn in these
nations ; I can declare^ my father was no ways
concerued in those wars^* fur he was dead lis-
if ' ' ' ' ' n hut a child,
■« But for the
.SI MM, 1 N.iy ? that is Ion
•^ r, the barbarous u^tuxicr
4^ ^._ _,^_ J ^.,.^ Charles the First, ^?hom
I had once the happiness to see the ^oe of,
rather the unhuppiuess tu si'»^ in rt-Sf»cetof hifll
condition at that tiuj r under
tree, with some few J. m, whirls
very much atfrcted itiy httati, UuMi^h then but
young". So far wus i fnmi hfinir ''^i*? thai
would compare him to Jev
lordship will hear, that) I
abhorred that art. Fur ni
1 declare in tl»e presc^nw r '
bifll
with my snul, :
I could do him
my life uv^-* -
at bis foot
] was ouLc
kJ, [ woul I
■ .1... it ; I v;
Mj<L My lord,
la*-* of my hfs
for declarin^T tor his majesty m his exile ; wbwi
it is well known, few durst appear in thofit
days on tlie behalf of nn injured prince. It
was objected against roe, that I neve*' pfnyeti
for Oliver Cromwell, that had iwurp'
Fernm^-nt, My lord, I knew he stu'
i ; 11 ; he was an usurper.
that the kingdom would n t J
ptact: nil the ri^^ht heir, our itoxrr
IS, were restored to his right, 1 I J
that a gihb<.t sihuuld be set ul ...^
porch, and I hanjfed upon it, or at my owi
door, I preached upon that place of siriptur
Ezek. XXI. and the 27lh verse, * I will <*tc
* turn, overturn, overturn; and it shall bei
* more until he come whose rig^hl it is,
* will give it him/ And 1 declared i
sennon the several ovtrtumtng;s thni^
had ^iventhern then in powt-r. And tholl^
threatened me, yet God preserv< ' ii|
nt home, as he i^id my dear sov' ^
for whom I have prayed many unnMroi
thousunds of times, Aud it is well knowi
mediately after his majesty ^s happy ri**t(i
I did upon one of his majesty 'ti days
upon that subject : * For th*' itauk t
^ of a bn<l many shall he the y.
I preached coiicerning the ex\
narchy, which I shewed to be the cK
l>est of ^iwerumentJi, practised alu
where: aud I proved it from the t
the great God of Heaven, the mon
the world,, down to someof themeaii-
of creatures. I shewed it w as the p
God had s€'t up in his church, app^'
Lord Christ tu be the kinjf there ; ;
ani^cls there was the prince of them . uiuuiti
the celei^tial bodies, the suo in the tin
ment*^
£. C* J. Mr, BfiseweTl^ [ am very unwilUii
togireyou any tnlen'uption, becoUvSe td'th^
dition you stand in, being' a prisoner pk
for your life, U|.wn an accusation of hi^li
son. But 1 tell you, these thin^fs thatyot||
now insisted n(>on are not at all toHlie pu
as to what vou are br<mght heixj for, Vvu ai|
not here arraigned for your {|iioil works, bi
for yonr evi! works. If you commend yc
self'for two hours together it signifies null
farthings; antl the gentlemen of the jury mil
let it iro for notbin^^. if only seni^s to ph
your humour oi talkiii^, aad captivate the ;
STATE TRIALS, S6 CuAtitES II* 1 684— /or High Treti$on
I ^t it is not At aU to thepurpn^. Keep
tOfatter^ that tt is iricumbent upon
to ibe biisifwfiw you Hre iijion
QQf ^,.ft ^.Ilo jjcu upon our oatlis,
tld vbo are a to ilie govcrnmenl
iftdllMi hw far V _ ilo, to sec tbut thiiiy:»
ht^ooe aeoonlingtD bw. You are not here
' m tor votir goo^i Morks ora*!-
yon had never done worse
Atv ttaid of younidf. But liere
^ tVir IraittTfUts |»reachm^at one
lace imd one particular iitne ; an-
TUe jury niu^t ^fo, not according
' ' ii'cordinj; lo the
l^itd in this in-
"-»--- for
■ ver-
. .^, , ,,.. .- .,_^ have
you, you h:ivc at once over-
^^►od you ev<ir did, or said in your
bct4>rc.
.fiat. My lord, I know rrry inrdl, one such
fltCtMMi'is eiioujfb to nuur a lil'e of former
mmHimm, Rut thin thai 1 have said, was to
•hnr, liovt •lit those thtngii that lht>y
my constantly declared
bav««ifton
joikinitsit
L a J.
»lb<r
• e of people to
nljfbts pardon, i
■mbittortsf:imit- ^.,^.., ........ ^^„,-
l^rflii : bi3t iti<> ^vell kno^o, the devil has not
riidv liislruiriLrits ti>enn'v f-n Ijloodv
(tiiuti gratiited and advanced by hiin.
p «tircan say nothing; to wlratisal-
I of Ibrxner loyalty ; the devil surjirises
wmmh/^^fh^^ things : 'they do them, as tbein-
Aditi' liy the in^li^'aiioa of tbe devil.
Kw( 3ier bel'ore you,
iitaf. i' ly lor<l, to cut ghort. As
In idiA buv bis mi^je^tyN rctiim : I
kmn b*«!fi ' ■ — " of hi!$ days, and
pviliciilai '. \ I bave always
rifcjgnedat _ ... ...jon i and I did
upon one of itiose days preach upon that
X. C. /. And nil this ^ig-nifics just notbinc^,
1 upon thiit day you went to a convenlicTe
IfiinHtthe taw, and preached there; which
•bvw, what H coniormiihle man to the govem-
Bcni and tlie law you are. Yon can bavfj; your
OMlgfegilions of hundr^s of people, aad 1
^aW not what ; now t tell you all this makes
ftotlkiaif&gatiiflt you, nor doUi all your com-
imidatiofi make any thin^ for you.
Hdntr My )onl« 1 do not know any law of tko
iJnvdthaiiij ii^in"-' * hiii^ the Gosiiel.
JL t X \t
b4 the law "'.
Hat* My lord, 1 Uunihlv conceive it is the
of number tliat makes the trans^-
tticles to preach, ia
:d.
L. C* /. f I is not only a circumstanee^ but
l^tiifcata«ic« to pccach m a convcutidei a^d all
icuaj^lair.
Rot. If yoti call that a tmus^ession to preach
the gospel, 1 humbly acknowledge myself a
transgT^or.
L. C. J. I tf*1 '*"'*•♦'** a transgrresston ; bqt
it is not such n ^»un as that for which
you are here i n but, hecausie you com-
mend yourself «o much ; a nian« I must tell
you, thai every day doth noifirioosly trans^resi
the ]a\i^ of tlie land, iwvii not be so fond of
^viufr himself commendations for his obedi-
ence to the government amJ the laws.
Roi. My ford, I was only ^ayinif that upoa
the 30th of January 1 pi-earhed u]>on that text
1 Tim. ii. 1,2* ** 1 exhort, theref«>re, that first
* of all, supplications, prayers, intercessions^
*' and fifivmg'of thanks be made for all men ;
* for kiiigii ikiy\ '" "^" ' lie in authortiy ; thai
* under iTiem v J quiet and peaceable
* lives, in all ^i .^ ml honesty.
L, C. J, Amen ! I say to that pe'tiUoli,
Has. Amen ! 1 am sure I sity to it, with all
my soul ; and it is my daily prayer to my
God for my sovereign. And here I shewed,
that it was the duty of subjects to pray for their
prince
L. C. /. I tell thee, I care not a farthings
what I by text was, nor thy doctrine ; I wish
vou had been at church thougl), and been con-
Ibnuable to the lans. But this ls nothiog to
our business.
Ros. I had therein a sharp reproof and in-
vective against tbo^e that instead of praying
for their civil head cut it ofl'; and those that de-
sign and plot against the governtuent.
£r. C X You did abundance of goo<l by your
sennon, no doubt ; J shall not .now stand to
c^xamine that*
Ros, So far was I from harbouriog any trai<
terous thought
L, C, X Come, come ; all this is besides the
cnshion; eouietothc matter that is here before
us, man. 1 would not restrain you of any part
of your defence, either in time, or any thinj;^
else ; but let us not have the time taken'up with
that which no way concerns our question. Our.
business relates to what was said at your meet*.
iug, at that time the witnesses speak of.
Roi, Then, my lord, as to the truth of this
particular case, I'shall now declare all that past
then ; as in the presence of that God who
search eth the heart, and trielb the reins, and
who shall judge us all. U^»on the 14lh day of
♦September last, I did preach to some people
that were met at a friend ^s bouse, one Capt,
Daniel in Rotherhith : and as my course hath
been to exnouud the Scriptures Ttomake them
tinderstand them), I was, my lord, that day
u[ion the *2nth chapter of Genesis. The chap«
ter is about Abraham and Abimelech king of
Gerar. Now, my lord, will you please that I
shall <leliver to you what ^va^ said, by repeating^
it by^ word of mouth ♦ or read it 7
L. C. X Ijfo, lio ; I do not desire any of your
expositions, or nreachmeots ; answer tt/ the
lodicUneut, ana what is charged upon you
there.
Rat- My lord, I am about it, in
]87] STATE TRIALS, $6 Charles II. i684 — Trial of Tkomat Reaemett,
what was renlly said ; and I ask the favour of
deliver! ut( in court what I then delivered to
thein. My lord, it was thus: la the 9d verse
it is said, * And Abraham said of Sarah his
' wife, she is my sister;' from whence I ob-
served, that he had been gfuihy of this once be-
fore, in the 12th chapter, when he told the very
same lie to Pharaoh king of £gy |>t. And thence
I raised this note, * That a goofi man, or a
* friend of God, might fall into the same sin once
* and ag^n.' And in proof of it, I brought three
or four uistances. That of Lot in the foregoing
chapter, his falling twice into the same sms of
drunkenness and incest with his own daugh-
ters. T)iat of Samson, in the 16th of
Judges,) and there came in the mention of
Dalilah, that she spoke of, she only re-
memlters the name of, and not the truth of
the quotation), that of Peter's denying his
master, once, twice, and again; first, with
a he ; seconilly, with an oath ; and thii-dly,
with an imprecation. But the proof which
they in this point have most distorted, is that of
Jehoshaphat, who sinfiilty joined nith two
wicked kings : first, with a uicked father Ahab
in his ex{>eidition into the laud of the Syrians
against liamoth-Gilrad, 2Chron.l8tli chapter,
for which he is reproved as a gi-eat trangressor,
and threatened by the prophet in the 19th chap-
ter, and the beginning : and yet he afterwards
joined with another wicked kins*, Ahaziab,
Ahab's wicked son, to go to Tarehish- ; as ne
mav «ee in the SOth chapter, and the latter
end. And here, my loni, is the whole of the
bunneis concerning the two wicked kings.
In the presence of the holy and great God
there was not one word spoken of the kings
of England, either kinif Charles tlie first,
or his present majesty. This was as to the two
widced kings. And then, my lord, I came to the
7th verse, which has these words, * He is a
* Prophet, and he shall pray for thee, and thou
* shah live.' Upon this i observed, * That the
* prayers of God's prophets have been very pre-
* valent for the healing, and helping of others in a
* time of need.' And three proofs ] brought of this :
The last of which, was that of the ])rophet
Isaiah^s praying for king Hezekiah in tlie time
of his great and dangerous sickness. But that
which has reference to this business, was that out
ofthelKingsxiii.andthe beginning; ' When
* die prophet came to Bethel, and there rebuked
* Jeroboam, and prophesied against the altar
* there ; Jeroboam put forth his hand, and shook
' it at him, and said, lay hokl of him ; uiioii
* which tlie king's hand was dried up. Then* •
* upon the king intrcated the prophet, that he
* would pray unto the Lord his God for him,
* that his band might be rcstnretl. which the
* prophet did ; and the king's hand was restored
* again and became as it was before.' And
here is the business of Jeroboam. In the pi^e-
pence of God, I speak it, there was not any
the least comparison of my dear sovereign to
that accursed wicked pmoe Jeroboam, who
made Israel to sm; No, my ver}' soul trembled
atthathougfauof H wImb I heard it. Upon
this head I had this sentence, or obser
(which I will give you to a word) if I W(
die the next moment^ and appear before tli
rioiis tribunal of the heavenly majesty,
not the least he, or equivocaaon, or prev
tion, * That a godly man's prayer ia a
* reign cure of the king's evil ; whereb
' meanest, or the pooresit christian may gi
* and serve the greatest monarch.' And
not my saying neither, but the saying
exjiositor upon that veiy place of seri
out of whom I did quote it. Nor did 1
of it, or he write ot' it, with respect U
pnilicular disease that the indictment
* Morbus Regni,' but the king's evil a
king's own disease, in reference to Abime
who was king of Gerar. For it follow>
the close of the chapter, * God heard
* ham's prayer, and healed Abimelech ai
*■ his house/ But as for that word they
of ; 'of the people's flocking to his majo
* cure the kiii'^'s e\'il, uliich he could nc
* and that we were priests and prophets to ^
*tlicy -imst come for cure ;' in tlie presei
the eternal Ood ll;ere was not a word
Then, my lord, for that of the rams-h
I shall observe linw that came in by and
but first I will premise, that all this tha
been now spoken of, was ujion the expo
of that chapter in the morning. In the
Boon I preachcil upon a particular text ; 1
yith the reading of a Psalm and a chaptei
so far i conceive it was afler the rnanne
usage of the church of England, whid
joins the reading of the scriptures as pari
worship. I preachcil upf)n the lltli <
Epistle to the Hebrews, and the 19th
(tliongti one of the witnesses saiil it ^
l^lni)
L. C. J. She would not be positive, b
thought a Psalm, she could not tell.
Rixt. xMy lord, it was the 11th of If el
12. the words are these, * Therefore a
*' there of one, and him as good as dei
* many as the stars of the sky in mult
* and as the sand which is by the sea-she
* numerable.' Upon which I had this
* Tliat tlie great God can effect great it
' by very small and unlikely means :' A
(ot one)\vhiit was less than one ? None i
And this one too as good as dead ; and ve
him to raise as many as the stars in the
and the sands on the »«?a- shore. What
tilings did GchI dfect by the rod of M
which was but a little wand in his hand
yet a sign and symltol of authority ; a
sherifi's white Nta\ cs are. Never was tliei
great plaifue to be sent upon the enem\- ol
and his church, Pharaoh and his S^yj
but u|ioii the stri'tching forth that little i
came. And so, at the sieu[e of Jeriuho ;
dreadiiil dilapidations in that great city d
sound of the rams-horns make? What
rible anny of the enemies of the Israelit
Gideon's small host destroy with a few b
pots or pitchers ? (much less did 1 vm
plattci-s, or pewter dishes 5 M I have be
STATE TRIALS, S6CbARLE$ II. i68t.— /or High Treason.
[190
31 tU tiiiii oi lit I
liiKt ft» I bfive now
t iJac^ first swure). " And vrb^t a tfom^u*
lipiit dumiptoa diet Daviil itrtke tfoviii wUb a
fUMUf ta «^ ttbu^ ? And Mrlttt a i^tonoas work
W^wf I ^-''l ri»>i<it tUe sou of David, itn m
liiscii It %%itb a little clay ajid
tpillk ; i' ilirni iijilhe eyfs of one
MlGO«Uii»t:li &c?t\ itiAii to Open tlie v^sp^ t>f
^born l>liu«h Noiv here, oiy lurd,
^liolc truUi »u ibe iircscucrc of the cteniul
Hrrr yoiir lorasUii* sets in menUtm
upmi Uic second vejrse of the '^Oth ot
' t of two wicked Uiag?J ; but bow, not (ss
t ii) with any reHeclmu
: '^Haud ; noi were they
'' *:Te sworn thciu,
rm. Here i«
, -> tnjl, and of Je-
«t. juunuer a» ihey
nMntion of rams-
iie if) u liUnj,^ ;
WtCHH - ; ^ktl to the i^o-
f«fOiiA*niti or retcn xjice to tt, or refleclrun upon
it, «c the lun;:f mitl thi-s 15 th^ truth. I have
: m of the who?e a^ it
nay see htnv mitch
wrttches. And if
.s as really and in-
r vvIkiI «as thiMi said, their
• if con9<!iences cjinnot but ^0
, and roiitirm %vhat J have mid j
L ott ibftt was %t token by me thtit dur, wan
am I h»^^ rr' ' ' '-.r nboul the least refle<Hioii
r*J*! inwfoTiiior majesty and
<» L .or either of theai^ or
[t ire lEfyr eminent. And if
^lL•rt>^ I Jim m re there will
|f»? I yoa wilHind nnd «ee,
the kinsr's friends, but
^tiini th«»s have ftvlsly nccnsed ftti
, faithful, loynl silbjef t of treason ; a
[•rh«*-h my ^*ry souJ flhhorBthelhoii^hrs
In fif*y»r «hrrfof» if your lofdship will
4 re, 1 uill now orill my witnesM«fito
^ilh of nil thiM ttiatt* r. Atid alW
1^ coufe<5sion of the truth,
[ ^hall call ^vill te^iitifv
uMi iru«it in my jjitml God,
11, my dear countrynwn, see
' ■*■*!' ot ray heart in whatever
Me, Ha** I l»efii ^tltv
ti laid to my chanr*', Tl
•, Fray, Mr, Ciier, call
f^ C. X Ay ; cooie eall \f*%\r witoe<!SP^.
■" n. Ify lord, one thioyr ^ »ouhl desire to
^^irik lo yocrr Umhlnp. Your lontshiji wm
^Hlttntf thill i^hHi I declared of my former
li|fih') "i>tr ^^ whnt tiK' witne«»ies have
^tfAK* (d, I hftre read in a trwe hw-
teiy ^1 MMok iiie scrif^tureK will be owned by
fmwao* llMt fcre here tu be ^u<^h) of two false
•itar^*-^ •* ■ were siK-h ; they »re called
■»»i't ! prt^y God thesic be ikH i»c-
•■■ttr «**^ f»f lielial) that «wore,
*^3?«i»"' nte Gril and the kinjf.'
Llie^«Mt:'
klmt would yon have of us, imj),
Aay
/{47<. I am confident, my lord, yoiir loed^htp
and the court do not believe he itid »o.
L, 6\ X Tlie Scriptures tell us it was not
true ; Ho vou think we do not believe the
seriptui"efi» beeanse we lU* not heur yoti (oeiich
iu your oouveoiicleii ? We do behr\ c tlR' vcrip-
lures, iiiaui and \ie livlicTe too iltey have
lieen |jerverte<l by you, and other (>eojde, Iu
very ill |»ur|>oses. \ cs^ [ do rumemlH>r the
story of NulMiih; and (o Mhewyou that I can
remember some ludy history as well u« you^ I
can tell you of anotlter story, and that m the
titiiry ol 8u«anua and the elders, and there nas
I irciinkstauce of time imd place le?,tified lo i
but tt seems they uere deftciive iu ihrir proof,
and thereby discoverml. You would do w«U
to detect I be witne^^ses, if you can, in ^somc
contradiciiou, or talshood ; that will ilo yoit
more service, than harangues uruJs}>eeebes.
RosetL-ell, The God of Heaven will ilo it thii
flay, 1 trust ; far to hinu 1 have opened 011
cause.
L. a X Well, well, call your witi
and prove w hat you can*
Ru&ewdl. My dtiiir Reileetner himself wi_
served so \ nay condemn eit by the te!i|iiiioti|
of false witne^es, [Mr. Hudson came i«.} ,
L. C J. Come, here is your wittiesa ; nhi
say you to him ?
HosvuelL Mr, Hudson, were you present \
the meetinij;^ at RoLlierhith oa Lord's iJ^^ the
14ih of September last ?
Iiud$'m. YeSy H^r^ I was so.
RosewtiL Here is IVIm. Smith hatli swor^»
that eiince the beginninir of August we had il
meeting; iu our public Meeting-house r Warn
thei^aoy, pray &r ?
HuiliQn. rhere w&b none such, tltat I kiiowoC
Ro$ew€lt. She swears, that we were At Iftie
house of captam Daniel \Veldy*t» the )4th of
Sep tern IxT. Was it so P — Hudmn, No, Sir.
RoMCwtlL Vi hat pUce wasi it then ?
HuU»vn, It wa^ one cupluiti Daniert;*
Ln C. J. That is the same nn Ihey say,
R4f9rmeli. The tirst witi»eH»,.AVlr;i. feimilii/
said captain Weldy'if : ioik-ed, tlie other i<uil»
cuptaifi liun el'ij.
L. C. J. 8he sM she wiis ttild yo, but she
CKiold not tell ; but «be remend>er» yoa prayed
i'iyt him, and his child too, who wa« theo ill.
HmcMcti, Pray 8ir, as to the truth of the
buAiness^ ; Did you hear me speak of two
wickeil kujg«> i Thai^ my lord, iume in, I say
u{*on the M*eond t erse ut the SOth vf Geueait^
which t ihtn wai; eitpouuding^.
L. C. /. Nay oftk him in ^oeral what be
heard you say ; and %vh«lhvr he heard you
aay any thing of two kicked kiu^, and what
it was.
RmewetL Ay,&bout Ahah, and Ahaztth hii
son
L. C. /. Nay, nay, I must have luioe of
those thin^, w"e mtjht hare fair questions put;
for, as you tict.' we will not admit the king*i
eount^el to }»ut aoy questions to the witnes^es^
Dor profloce any vutneases i^aioat you, tliat
are lesdincTT or not proper, so nior mtiil you :
1913 STATE TRIALS, 36 Cbaklbs II. l6S4^TrUa of TXmum Rofewell
nborning ; you did only expound^ as
to do in the morning.
X. C. J. If you have done wii
should ask him a question or twi
vou, 1^, Pray what time did thi
beein? — Hud»on, It beffun about 8 <
L. C. J. What number of peopi
think there were there ?
Hudion, I cannot judge how n
were.
X. C. J. How many do you think !
Hudson. I believe there were a
40 or 50 there.
X. C. J. No more than 40 or 50 :
Hudson, Alas, we could see but in
X. C. J. What room were you in i
Hudson. I was in one of the chan
X. C. J. How many pair of stairs
Hudson. Two pair of stairs high.
X. C. J. Did you see Mr. R(Mewi
Hudson. No, I could not see him i
X. C. J. Was tliere ever a bed it
where you were ?
Hudson. No, my lord, th^ was i
X. C. J. Was there a dinner time
Hudson. There was at noon a res
tic while.
X. C. J, Did Mr. Rosewell go dov
Hudson. Yes, my lord, he cud, 1 1
down stairs.
X. C. J. Do you remember any i
was spoken of Samson and Dalilah
Hudson. Yes, as I said before,
about fcjamson's goinsr downtoTimi
Dalilah ; shewing nis failing, ho
twice into the same sin.
X. C. J. Did you hear any disco
canting ? Did you observe he used
canting?
Hudson. No, not that day, as I ki
X. C. J. Did you ever hear bin
word ? — Hudson. Yes I did one day
X. C. J. Ay ; What did he say
about canting r
Hudson. 1 am not able to tell y<»
actly.
£. C. J. You must, you roust ind
Hudson. I do assure your lordshi|
not how to repeat his expressions abc
X. C. J. For look you, Sir ; th
are not upon your oath, because th
not allow it ; yet the same thing
those witnesses before, the same I
you; you must consider, friend,
here to serve no turn, nor party ;
the presence of the g^reat God of El
eartn, who will call you to account
thing you testify here ; and tliereibi
any subterfuges, tell lui the trutli, and
plain truth without welt or guard.
Hudson. My lord, I will not den;
of the truth, nor tell any thing that'
i know I am in the presence of a i
of justice, and in the presence of tl
Heaven. .
X. C. J. Tell us then, what 111
said about canting.
But if you have a mind to ask him any ^ues-
tifins, what he heard concerning two wicked
kings generally, do so.
Hudson. Upon the 2d verse he was then.
X. C. J. Of what chapter ?
Hudson, Of the 20th of Genesis. I was
then in (he place, and writ. He was upon the
jtad verse, and concerning Abraham^s denying
of Sarah his wife. Says Mr. Rosewell,' Doth
Abraham here fall again into lying ? I thought
he had smarted enough in the 12th chapter,
for the same he told to Pharaoh : And doth he
fall again, and not take warning by it ? From
that you may take notice, that the best of God's
children may fall again and a|raun into the
same sin. And there you quot^ what mis-
chief good Jehoshauhat had like to have
brought upon himself, by joining with two
wicked kings : first, with wicked Ahab king
of Israel ; and after he was reproved for it by
the prophet, yet he fell into the saoie sin again,
by joinmg with Abab's wicked son kins' Aha-
siah. And so he quoted Samson, who got
mischief by taking a wife among the dauefh-
ters ef the Philistines ; and yet after he had
felt some smart and hurt by it, yet like good
Jehoshaphat, and good Abraham, he falls into
the same sin again, by going to Timnah, and
taking DaUlah.
Roseweli. What said I, pray upon the 7th
verse? ^
Hudson. The 7th verse was concerning
God's appearing to Abmelech in a dream ;
where God says, * He shall pray for thee, for
* he is a prophet, and thou shall be healed.'
And there Air. Rosewell spoke concerning the
worth and value of the prayers of God's pro-
phets ; wherein he instanceth in one thing, that
they were good to cure the king's evil. And
be Quoted several texts of scripture of the
worth and value of them ; and among the
rest was that in the first book of Kings, the
Idih chapter, and 6th verse, wherein the pro-
phet came to reprove Jeroboam at the altar at
Bethel ; and the kin^ stretched forth his arm,
and bid lay hold on him, and the king's hand
was dried up : UiM)n which the king said to
the prophet, * Intreat now the face of thy
* God. lor me,' and he did so ; the prophet
prayed unto the Lord, and the k\De*B arm was
restored whole as the other. And He did quote
that of Hezekiah too.
Rosewell. My lord, this man did take notes ;
and therefore may be the more exact.
Hudson. Yes, my lord, I have my notes,
and can read them at large ; and I Jid gene-
rally write, my lonl.
Kosewell. Tiien pray, Mr. Hudson, will you
declare, whether you heard any thing in that
exposition or discourse, concerning rams 'horns,
broken platters, and a stone in a bling ?
Hudson. That was in the sermon, Sir, in the
aflemoon.
Rosewell. She swears it was all in the morn-
ing discourse.
Hudson. There was not such a wonl in that,
m 1 know of. The semoo was uot in the
iSS] STATE TRIALS, 36 Charles IL \6U.—/ar High Treason.
Hudmm. He was speaking of the wicked
■en of the world, that when they spoke con-
cmuag serious religion, called it canting, and
«jra he. What is canting ? Canting, says he,
k a whinioff tone.
L. C. /. l>id you hear him speak anv thing
coacerning organs, and surplices, and white
govu?
Hudson. No, my lord ; nothing of surplices
Mr whhe govms.
L, C. /. Nor any thing concerning or-
Hudaon, No ; but something he hail con-
cerning the caihedrahi, and their canting tone
there.
RottwfelL Will your lordship accept an in-
gfnaoo^ oonfeosion from me myself about this
i^ C. J. No, no, Mr.
Jfbv
Roseuell, that will
_ __n neither acquit, nor
nnyourseiruv these thinj^ cither con-
1 or denied. It is your witnesses that I
■Ml ask, and that I expect an account from.
Ihcidbre I ask you, friend, and pray recollect
yoaraeif. How was it that he talked concerning
lie cantiiig in catheilrals ?
IfadboK. Truly, my lord, I cannot give a
later deM^iptiun of it than 1 have done.
fm I Mhher do particularly remember what
iaeii was that f heard him use that expression.
«R on I tell you where it was ; neither
■Imubsi when,
twntf. Shan I tell your lordship the oc-
LC. J. Why, do you think I belicFc any
wmk jm mf^ notwithstaudiuff any iinpreca-
tim sr aweratious you make about your-
adf.* IrsBst aeithor weigh with the court nor
^jtrj: we roust go according to the evi-
Mse. 8t. Peter himself, that you say you
■U of, denied all with a mat many asse? e-
■iMs; hut that denial did not make him in-
•MBl, DO, it was his sin. 80 allyour imprc-
■im, and assererations, and amnnatioi:s of
fwravB innocence, do not signify one farthing
lM||i cause.
Jut, Gen. Hark you, Mr. Hudson ; let me
9AymL one oacslwn, Pray when Mr. Kosewell
iiifiphiiied those texto of scripture, diil he
■t Me frequently to make application of his
T^Mkms ? — Hudwn, Yes, my lord.
An. Gem, Then, i>ray. Sir, •i'ier he had
iAn of the two wicked kings, how did he
%that?
Imm. My lord, I will tell you how he ap-
|[|hiiL After he had made those quotations,
[ t%i he. Take notice, if Abraham fell, and
ejchoshaphat fell, and Samson tell, and
Ml, tlien what are we ? ' Let him that
take heed lest he fall :' and tliat
I the appUcatktn he made of it.
*ir. Gen. Do you speak to all that Mr.
mD spoke in that discourse at that time
lUagtliese matters ?
Udmn. No, Sir, not all ; I cannot remem-
1 : Bat the substance of the distinct heads
1
^oux.
[194
how
RosewelL Tlien about the king's evil ;
did you apprehend it was meant f
Hudton. My lord, I do not believe he spoko
it with respect to that disease which we call
tlie king^s e\ il ; bocaiise he spoke^it with re^
femice to the disease that the king was
under.
Roseudl. Did you hear any thing about 20
guineas ?
Hudson. No, I did not hear a word of any
guineas that daj.
Sol. Gen. Did you hear him say any thing
about the people's flocking to the lung ?
Hudiun. ^fo indeed, Sir, not I.
Rosen efl. Pray, Rlr. Hudson, did I name
the word priests ?
Uudsoti. No, Sir, I did not hear yon name
priests, but ministers and prophets ; and what
a judgment it was to have the proj^hets taken
away.
Att. Gen. Pray recollccl yourself ; Is that
a phi-ase they use*, ministers and prophets ; or
do not they call themselves priests ?
Hudton. Miuistci*s and prophets, my lord,
aYo tlie usual words.
Ait . Gen. Priests is the word I am told they
have.
Roscrceil. Then, Sir, pray will you give an ac •
count how tiiat about the ranis-horns came in ?
Hudwn. That, my lord, was upon that text,
xi. Heb. 12
RosLu't f!. Do you rcmendier what time it
was ; forenoon or altcrnoon :'
Hudson. 1 do remember it was in your ser-
mon in the ailernoon. Tlie words arc these,
* Therefore sprang there even of one, and him
* as good as dead, so many as the stars in the
* sky in multitude, and as the sand by the sca-
* shore innumerable.' From wliencche raised
this note, or doctrine ; * Th:»t the groat God
* could by very small means bring great thinj^
* to pass.' And then he eamc to prove his
doctrine, by several instances. Says lie, \s hat
works diet God do by Moses's ro<l? And
by Gideon's broken pitchei-s routing a whole
army ? What great works has God done by
small means ? That by the stmnding of rams-
horns the walls of Jericho should fall down !
And what great wonders he wrought when
David slew the tremendous giant Goliali with
a stone out of a sling! And what great works
and wonders did the son of David, our I..ord
Jesus Christ do in opening the eyes of him
that was born bliutl, with a little clay and
spittle ? The application of that was, A little
grace
L. C. J. We do not desire to hear your ap-
plications.
Smith. My lord, if your lonlship please,
Mr. Hudson used to cxpouiul liiiiiself.
Hudson. My lord, 1 used to rcpcAt what I
writ in my own family, that is all.
L. C. J. Yes, no (Umhi ho is ;i most cwvU
Kilt expositor; th«Ti* nrc scvi-ral poplr tako
upon tliem to expound, ih:it vnu lu'ither rt'»d, nor
write, lint i»ray, lVi»Mi:l, ]•-•* nie ask you ot»o
qncstiun nion.'' W us. t tic captain, »t v^huiitf
U
195] STAT£ TRIALS, 36 Charles II. l684.— Tm/ of Themoi Rnemdh [196
bouse you were the 14lh of September, at
home or at sea?
Hudson. My brd, be was not at home, but
at sea ; and is still at sea.
L, C. J. Do yon remember that be prayed
forbim attbattimo?
Hudson. Yes, my loni, it was bis common
practice to jii-ay tor the i'amily wberever be
came.
L. C. J. And did be pray for bis son tbat
was sick ?
Hudson. I cannot tell wbctbcr be were sick,
or no, I do not renieinbortbat ; but be prayetl
for the fatbcr and all bis cbildreu, ibe wbole
family.
lioj. Pray did you bear any one wonl men-
tioned of the Uinus of England, or of bis pre-
sent majesty britonly in prayinpf fur liim, as J
bless God l dady ud, tbat God would gi\e
bim grace nod all good things berc, and iiis
glory bercatier ?
liudson. Not one word did I bear named of
the kings of Kngland ; nor of any kings, but
those mcntionetr in the Scriptures, tbat were
quoted, the kings of Israel, and the like.
Mas, Was there any word spoken abfint
po|icry being permitted to cumc in under their
mwcsV
Hudson . Not one word of tbat was spoken,
tbat 1 know of
1.. C. J. Did you bear the king of England
mentioned at all 'that day ?
Hudson. Yes, in bis prayer. It was bis
coii<itani coin-se to pray ibr the king.
/-. (\ J. Ay ; what did be pray for?
Hifdfion. He usi'd to express *bimself very
heartily in prayer, that God would enable bim
to rule and govern the people under bis charge,
and bless bim. And be used to say, God forbid
that he sbouhl sin against God in' ni'glecting to
prav for the king.
Jffos, It was SamuePs speech to Siuil. Pray,
Sir, did you bear that ?
L. C.'J. Nay, nay, ask bim what be did
bear you nray.
Jios. bid 1 pray about opening the eyof?--
L. C. /. But you must not open your wit-
nesses eyes : Do not lead bim.
Hudson. It was bis common practice to
{iray for the king, that God would preserve
lim from all his enemies.
L. C. J. And we say the same thing too.
Hudson. And that Uod would remove all
evil counsellors from him.
T.. C. J. Ay, no question.
Hudson. And cstjihlisb bis throne in rigbte-
ous-ness, and lengthen bis lite, and prosper his
reign ; and he uschI to pray as heartily and as
savbinly for the king as 1 ever heard any man
in my life.
Xl C. J. So there was praying in this hall, I
reniemJMT, for his late majesty ; for the doing
of bim justice : We all know wliat tbat meant,
and wliere it ended.
Ros. Mr. Crier, pray call Mr. George Hill.
fWbo came in.] Mr. Hall, were vou present
iiiiis i4ib day of Sflcptember at Rotherhitb ?
Hall. Ves, Sir, I was.
nos. When I expounded npoD the SOth of
Genesis?— Ha//. Yes, you did to. Sir.
lios. Pray will you lAfonii my Uwdi wh«l
you beard me say r
Hull. I will inform them to the best of mj
tnemoiy.
L. (;. J. What trade are you, friend?
Hull. I am a meal-man, my lord.
L. C. J. Well, what say you ?
Hall. The I4tb of Septcmberlast it WW m
lot to bear I^Ir. liosewcli expound the SOtt
chapter of Genesis ; as it was nis iisnal ooune
to expound a chapter.
lim. It was not of choice, but taken in
course. And pray what do you remember was
said by me atwut two wiekcil kings ?
Hall. Sir, I remember vou bitmght a scrip-
tun* cone<'niing Jebosliapdat joiniug with two ;
I first of all with wicked .\hab, and atierwanls
I with wicked Atiaziab bis son; and you TOored
! it out of 2 Chron. xviii. chap, and 19tn and
'iOtb verses.
lios. Do you remember there was any one
word spoken of the kuigs of England ?
Hall. There was not one worn of hia present
niajesty, nor his father, nor any of the kings of
Kri'glaiid ; but of the kings ot' Israel, Ahab and
bis s<iii.
lias. Well then, concerning Jeroboam, what
do yon reincm'ter of tbat?
Hall. As to Jeroboam — * You were ex*
pounding from the 7tb verse of the 20th chap-
ter of Genesis — And in the 0{K;ning of that
7tli verse among several texts of scriiAnrCp
Mt. Itoscivcll bad this Note,— Ilokl— nlaro-
boani —
L. C. J. Ay, about Jeroboam.
Hall. My memory fails me
L. C. J. Ay, so rperceive it doth wonder^
fully.
Hall. As to Jeroboam, be brought a text
from the 2d book of Kings, the IStb, and tba
former part of the chapter. There was a man
of God tbat came to Bethel, and prophesied
against Dan and Iletbel, and there were theta
wonls, tbat Jeroboam —
Ros. He bad bis band dried up—
L.C.J. What do you mean by that? If
your witness be out in bis story, must ' jo«
prompt bim ? Go on, friend.
Hall. He prophesied, tbat the bones of tba
priests should be laid upon the altar and bnmt»
as tve rea<l in that text of Scripture, 2 Kii^
13, and the beginning. And Jeroboam was
there, and put forth his hand — and bid some-
body take bold of him — Whereat the hand of
Jeroboam dried up.
Ros. If it please your lordsbipi I will call
another.
L. C. J. Ay, ay, you may set bim going, fov
he IS out.
*' *" This witness was wont to say, that i
person or persons pinched his legs as he waf
giving bis evidence, which oocaaioned theao frfr
quent breaks.'* Orig. Edit,
197] STATE TRIALS, 36 Charles IT. l6U.—far High TnasoH.
[19S
HM
fiiitfaer.
If it please yon, I can g;o a little
I have something to say. as to
L. C. /. You had best go out, and recollect
jounelf; you haveforgoc your cue iit [i;-c-
tent.
Rm> Mr. Crier, pray call Mr. James Atkin-
son. I^Vho came in. j
L CT. J. You, Mrs. 8mith, I will ask you, (I
wiH not ask him himsdf, because lie may ac-
CQse himself by it) Is this the miller, at whose
bottse oneof the meetings \Tas ?
SmkL No, my lord, the former witness Hud-
son is the mtUer where he preached .
L. C. J. Well, what do you ask this witness ?
Ro§, 3Ir. Atkinson, were you at uur nieetuig
the 14th of September last ?
Atkuuiuu Yes, I was there the 11th of Sep-
tember.
Rot, Were you there at the beginning ?
Aikkuon. I was there from the beginning
to the end.
JL C. /. Pray, what trade are you. Sir ?
Atkinaon^ My knd, 1 am a mathematical in-
stniment-mAker.
Roi, What chapter was 1 upon ?
AikiMMom. The SOth of Genesis in course,
and not out of choice. His usual custom was
lo expound a chapter before lie preached.
Am. Pray, what do you remember was said
by me of two wicked kings ?
" Atkimon, Of two wicl^ kings ! I remem-
ber that was upon the second verse ; how Abra-
ham said of Sarah his wife, * She is my sister :'
and upon that Mr. Rosewell had this note,
' That a efaOd of God may fall into the com-
^ miasioo of the same sin again and again, after
^ be had been reproved and smarted for it.'
And he qooCed several instances ; as that of Lot
committmg incest over and over again ; tliatof
Feter denying his lord three times ; that of
Sampson out of Judges taking two wives
uaoDg the Philistines, one after another : and
then Quoted tliat of Jehoshaphat joining with
tvo wick^ kinffs ; Ahab, in the Qd of Chron.
xriii. chap, anu afierwards, though reiiroved
bjr the prophet Jehu, he joined with Ahab'b
vidwd son Ahaziah.
B4fi Pray, what did yon hear of the king of
EjHdaod?
JUkinson, Not a woni, nnlcss it were in his
Mycr ; in which he always used to pray earn-
tM^ for the king.*
Bm. Wliat do you remember was spoken
iboot the king's evil ?
Alkinson, 7'here was an expression concern-
ing the evil, upfin the 7tli verse ; ' he isapro-
* |»l)et, and he shall pray for thee, and thou
* Shalt be healed.' And lie had this expression
er to this same effect, for 1 hope you cannot
expect 1 should speak every word exactly ; but
I shall endeavour to speak the sense, and the
truth, as near as I can, and nothing else. He
said, the prayers of God's prophets were very
prevalent for the hiding and helping others in
time of need. And he quoted severalinstauces^
as that out of the prophet Jeremy, xxvii. chap,
and li^Hh verse, to the best of luy remembrance.
And he also quoted that of the 1 Kings 13, con-
cerning Jeroboam. The Prophet came tn re-
prove him, and Jeroboam sfretclie<louthis hand
a^raiiist Inm, and it dried up ; and then he de-
sired of the prophet to pray for him ; whidihe
did, and his hand was healed.
L. C J. Look you, what you say may be
true, and so may what they sny too ; fur he
miglit say both.' \ou user! to say abundance
of g04Ml things, as well as some bad ones;
therefore I would ask him this question, whe-
ther lie heard any thing of the king's evil, or
that had any reference to the king of Eng-
land ?
Aihlnson. This is all that 1 heard that comes
to my memory concerning the king's evil :
*• That a godly man by his pnivcrs may help to
' ciu'e the king's evil, and thereby f the poorest
* Christian inavirratify the greatest king,' as
says our Knglish Annotator upon that 7th
verse ; but I never understuud hira to mean it
of the disease of the king's evil.
llos. Do you remember that I preached in
til is discourse about rams- hums, or broken
platters?
Atkinson. J did not hear of any stich thing
tliatof J upon all that chapter.
L. C. J. Hut 4lid you hear him speak of any
such thing at all that day ?
A t lunsoii . Y ex, i ny Ion I , I did .
L.C.J, Cuinc then, let us have it. \S\u\i
was it ?
Atl.insvH. His course was, after the exposi-
* See in this Collection the Arguments of
Mr. Erskine and other counsel upon thepro-
pQMd Eiamination of Daniel Stuart, when call-
ed for the third time in the Case of Hardy, a. n.
17M. See, too, the like examinations in lord
Kmell's Case, vol. 9. p. 596, in Mr. Hampden's
Cms, vol. 9, p. 107 1, of this Collection. See abio
the two first questions which Fitzharris put to
Smith, v^. 8, p. S50, all which, among others,
aie referred lo by Mr. Erskinc in his ui^ment
ia Hardy's Case as above.
tion, to preach a sermon.
Rt)s. Was it in the
furcnoen, or in the after-
noon ?
Atkinson. Tt was at>er the exposition ; he
nraycd, and then ceased fur a quarter of an
liour.
Rus. Was it distinct iu the afWnoon ?
Atkinson. It u as another di^^inoi discoarse
after the people had receive;l some refection iu
the af>ernoon ; I cannot toll exactly t!ie time.
Hut the discourse was preached from Hub. xi.
1'2. 1 suppose that i need not repeat the
wonls.
L. C. J. No, no, 1 care not for that.
Atkinson. Rut he thence raised this doc-
trine, * That the great God canetfeet gieatmat-
' ters hy very unliKely means ;' and he instanced
in several particulars to prove it. As the mira*
cles of Ciod wrought by Moses's rod -, and the
wallsof Jericho falling down at the soiuid of
rams- horns, in the Oth of Joshua ; aud then ht
Rot, Yes, I own it was lo ; Init not at the
other witnesses swear.
Atkinson. Truly, my lord, I woaM not tall
our tittle of a lie ; to the best of my remem-
branee •
Sol. (ien. Pray, Sir, let me ask you one
qiiestiuii : I sec you are very perled ia the
proofd of the serjiion ; did voii take notes that
day ? — AtkiriMtn. No, I did not, Sir*
}iol. Gen. Can you remember then any one
observation that he made u|ion any other verse,
d he nwke upon the
199] STATE TRIALS, 36 Charles II. 16*84.— Trtir/ ofTkman Itmrntt, [SOO
quoted that of Ciideon, a dreadful rout of a preat
army by a few earthen pots ami pitchers ; and
what a tremendous champion diet David smite
down with a slinc^ and a stone !
Rm. I have this one question more to ask
you ; did yon hear me s|icak any tfiini; of
standings m their principles ?
AlkiuHon. Not one word : ami I was there
all that live-lonr; day, from be^innin^ to end.
L, C. J. Then, Sir, I would ask yon a ques-
tion or two, if Mr. Uosewcll have done with
you ? — Ros. I have, my lonl.
L. C, J. Tniy, what mom were you in ?
Atkinson. I was in the same room that Mr.
Roscwcll was, he stood at the door.
Xn C J. "VVhaf, one pair of stairs ?
Atkinson. Yes.
£. C. J. is there not another room littwccn
the floor, or the ground room, and that you
were in?
Atkinson. Yes, Sir ; there is another little
room, a little lower than that.
L. C. J. Was there a bed in that room you
were in** — Atkinsim. Yes, Hir.
X. C. J. Did you sit upon the bed ?
Atkinson. I did sit upon the bed sometimes.
L. C. J. Had you a mourning cloak on that '
day ? — Atkinmhi. Yes, i iiad. I
L. C, J. Had you a mourning hatband ?
Atkinson. Yes, I had
JL C.J. Do you remember who sat by you ?
Atkinson. No, my lord, I do not know.
X. C. J. Do vou remember any iKMly gave
you your Ixjys shoes from uuder the bed ?
Atkinson. Yes, my lonl ; but 1 cannot tell
who.
L. C. J. ^\ ell then, I ask you, did you hear
any mention m:i(Ie thiit day aliont Dalilah and
i^amson ? -^Atkinson. Yes, my lord.
L. C. J. You did ?
Atkinson. Yes, my lonl, as an instance of a
good man's falling twice into the same sin.
L. C. J. Did you hear any mention made at
that time concerning any other matter that you
renu-mber .''
AtkinMn. My lonl, that i>f Samson and Da-
liiaii u as one of the instances that I repeated
iHjfore.
L. C. J. Mrs. Sniitli, was it the same day
that he spuke nbout canting ?
Smith. Yes. it was.
/*, C. J. Dtiyou remember, friend, any thing,
that W!is s|M»ken by him that day concerning
church -nuLsic ? '
Atkinson. No, my lord, not a word that day
that I know of.
L. C, J. Did }on hear any thing about cant*
Ingthat ilav 7— ^Atkinson. Sio,nota won).
L. C. J. )>i(l y)n lii'ar him talk any thing of
surplices or \*lii'le gowns .^
Atkinson. No, my lonl, not one woni all
that day; but that of* Samson and Dalilah, my
/.. C. J. \uu remember that ?
Atkinson. Yes, it was on«; instance of a good
man's committing the same crime once and
fltgain.
Pray what observation dkl
eighth verse ?
Atkinson. None at all.
Sol. Gen. What upon the 12th or 13th
verses.'*
Atkinson. I cannot tell ; I can apon tfae5di.
Ros. Will your lordship give me leave to ac-
quaint you with that.'
Atkinson. He only explained that which was
difficult ; but when it was a little historieal,
he on I3' read it. But what he observed upon
the second and the seventh verses, was the sob-
suncc of the whole exposition almost.
Att. Gen. Has noluidy read the notes of thai
sermon to you sinei^ ?
Atkinson. I endeavoured to recollect my-
self, after I heard Mr. Roseweli was aocnsed ;
and writ, what I could remember, down.
Att. Gen. But did any body read theur nolei
to you since .•*
Atkinson. No, indeed, there has nobody read
any notes to me.
Att. Gen. Upon your oath how came you
to remember the word Tremendous T
L. C. J. lie is not upon his oath, BIr. At-
torney.
Atkinson. Because when he made auch short
notes, I endeavoured to remember then; 1
thank God I have a pretty good memory.
Att. Gen. Ay, upon my word, a very strong
one.
Atkinson. He did use the word ' Tremend-
ous champion.'
Recorder. Had you and Mr. I^udsoa any
discoursf* about this matter since ?
Atkinson. Yes, Sir, we might talk what we
did remember to one another.
Sol. Gen. Did he write down the aennoa ?
Atkinson. Yes, 1 suppose he did ; but I did
not sit l>y him.
Hos. Mr. Crier, Pray call Mr. William Smitb
[Who came in.] Were you at thia meeting
the 14th of September last ?
Smith. Yes, I was, Sir.
Ros. Pray will you acquaint my lords, what
you heard me say there Y What chapter did I
exjMund ?
Smith. The 20th chapter of Genesis.
Rns. What do you remember of it ?
Smith. I remember the chapter coooenied
Abraham and Abimeleeh.
Ros. What did you hear of the people's
flocking to the king to cure the king's eril f
Smith. 1 heard no such word.
Ros. Or that his majesty could not cure the
king's evil ?
1 1 STATC TRIALS, S6 Cit ABLES II. l684.— /or Higk TnatM.
[SOS
Ko, Sir, liot a word of it.
Did Tou Ucar any tbb^ at all concera-
ik. Str. I'oii iriil liuote st^mclbbg out of
^•imolat :4^s evil.
Ao«* Uo ^ ; >vhut ttiat was?
Smith, I uaanul reineutber it Mty at length,
Ri I- i! you uodfrslaiiij it a<i mc^nt uf
Ihtki , vr of the evil of A hi lae lech
Smiths 1 did not understatid it of ttie diseaie
s^CAlied ; but of the evil nf Ahimelecb.
Jto$€4f)tiL What did \ou hetir coitcernitig
|mils aod prophets ?
^mitL You s«id it was the function of tbe
^ fiPuv lor ihe |)00|lk*,
II you remember was said
OC two \\\'
Sm ii«i n»;ike menlioiiof two wicked
lan^« '\ Aha/.»»fi ; tJiat Jehoshanhat
'h them one after atiather,
reatiy thiti|^of tbe kingn$
•f Ellfiatid, or ui uiy Hovertigu f
SbdiA, N*>, lint at alt, Sir.
X- L\ X Did you hear anything concerning
Jerobuun ?
Smm, Y«>thtifJ^ *"-i^ ^tretchcKl forth
|hs liaml* and hi% hiria i ; and tin* ]iro-
fl»t pnyed for him, ..i.-. ...- .-.iad was restored,
L- C J, Did you htar any lliiugin the ex-
^tallififi ^ifltn^lrn i»Itrhi'i'&, I meaii in the forc>
OMv 1 iiunk nut*
L. i I .( juu hear of tbeiD ; and
mhmf
SmitL To tlie beat of my remembrance* it
^tm» m tJte allemoon ; That God could tlo
gfWil oMUcfs by smalt means ; and sou quoted
jmtll i4ifti||^. I did not stand weft, so tliat 1
'1 imtbetf all the f>articulars.
X* C» X But whtit did you liear ?
lUteweiL Pray did you hear any wortl ot
ortir ' * f'Hr principles, or of overcoming,
that I '/i. iNo, I did not.
Jii " If seeuiA ) oti did not stand
ia*L ir.
liiL ' 1 ler, pmy call Mr. William
&t(«». [ W hich ho did, but lie did not appear 3
Crier Hi? is not here, Sir.
Km^&ttL Pmy, 8ir, csiil Mr. Cieorvre Hales
AcB. [Wb'> came in.] Were you this I4th
liy ' ' kT at ihia meeting. Sir ?
li I was, 8ir.
hoica^l. Ucre yon there from the begin-
»!» tbe end?^>ftf/ef, Yes, 1 w»^, 8ir.
nfmewtU, Pray llieu will you tell my lord
ute you heard me say, with refereuce to flock-
ifigtDtlie ^'' '/ >- 'T'"v- »«. kiugf'j* evit
Buiei. I you sliould say
«f {i#op)e'>. ;i- „ ,, :. :....- ; but you were
iMkiaiC of tbe king's i*vd, and that was thus :
Jly lonl, it was fr<no tbe 7lb verse of tbe 20tb
CUJMtr of Geiiestis, He ik a ]»ropbet, and
•Inil prmy for thee, and thou shalt be healeiL
God ia speaking to Abimelech in a dresiui j
ud iiWr a httle uaraphra^ upon the words,
He* RowvrtU aid. That a godly man's prayer
waa a sovereign cure for tha king's ovil ; and
quoted somescripture instances, an in 1 Kingly
where God having sent a insui of God to re-
prove Jeroboam for hi« idolatry, he atn-tcbed
out his hand, and bis band withered ; and he
desired tbe prophet to pray to the L<ird bis God,
that his hand inigbt be restored ; and accord >
ingly it was accomplished.
HQUiiidI* Did you hear any thing of the
kings of England?
Hiilu, No, not one word all that day ; only
you prayed for his majesty, as you used to do.
lunevfeli. What do you remember was said
about rams- horns >
Hale$. I remember you were preaching out
of tbe xi. Heb. 12, and thewot^a wereUiese,
* Therefore sprang; there of one, and bitn aa
*■ p^ood a^ dead, as many as the stai-s in the sky
* Tor multitude, and as tbe sand upon the sea
* shore innumerable/ From whence be had
this observation, That God is able lo bring
great matters to past by small means. And
so accordingly Mr. flosevicll instanced how
the walls of Jericho were shoi^tk down by tlie
sounding of rams- horns ; or somotlung to that
puroosc.
Kit^eircU, What do you remember of broken
platters ?
Hates, I remember you brought In an in-
stance concerning Gideon, and I tbink it wi
thus, that by breaking a few earthen pitch€
he rouletl a great army.
lioxcwtiL And so 'of a stone and a sling*
But was there any thing of standing to prin»
ciples ? — Haitt, Sot a word*
L, C* S, As yon heard ?
Hules. That't heard.
L, C. J. Or that you remember ? ^
Ua!c$, Yes, my lord. But you said, What
a tremendous champion did Darid slay with a
sling and a stone*
/>» C. /. Did you lake note* f
Hates. No^ my fowf.
L. C. J, Then pray bow came you to i
member that word trenicfidons ?
Hahi, I do remember he did use that word.
L. C. J. Have ymi hud any discourse about
this matter since ? — Hales. \^e8, 1 have,
L, C. J. With whom ?
Hales, With several fnends.
X. C. J. Did v«u discourse with Atkitiaofi
about h?— Hales. Yes, I did.
X. C X Did you with William Smith P
Hates, No, I do not remember I did.
L, C. J, Did you discourse with Hudson ?^
Hales^ I canuot say 1 <lid.
Att. Gfn. Nor you cannot say you did not;!
X. C. X Did voii hear any notes read ?
Hales. I thlnt 1 did.
X. C X W^hose notes were they you beard f
Hales. Thomas Huditou^s notes, I think;
I am not sure of it.
X. C, J, It is so hard and didicuU to giet
out the truth from tliis sort of people ; they do
60 turn and wind. How lung aftrr the sermon
was preached was it that you heard the nofea
read ?
I
905] STATE TRIALS. 3ti Charles II. l6S4.^Trial ofThmoi Rotmeli, [9M
Ilahn, I wu in the connlrv when Mr. Rose-
wcil was taken ; and when 1 came home again,
I heard of it.
JL. C. J. Hut you did not remember it till
after he was takkn ?
Htih&, No, my lord ; and I read the chapter
mysclt*, nnd rcmfmhcred these things.
^v»/. Gen. Pray is the word tremendous in
Hudson *s iiotvR, or no ?
i/a/(..<i. I caiuiut tt'Il whether it he, or no.
Att, Gen. Pray, when was the next daj
after this ?
HuUs. I cannot tcil. I was in the country.
L. C. J. Did he take notes in long hand, or
short?
A Stranger that stood by. In characters,
my loixl.
Att. Gen. TI:;ve you not heard Iiiiu preach
since that time :'
Hales, Sir, I went into the country soon
after.
Att. Ctn. \V here was his test at auy other
time, can you tell ;' — Hales. No, I caunuf readily.
Alt. Gen. Nor what he diacoui-sed upou.^*
Hales. Asm any particular time I caiuiut.
Att. Gen. Do not you remember his text at
any other time?
L. C. J. "When was the time before this 14th
of JSeptember, that you did hear him pi'each ?
You have heard him before ?
Hales, Ye», my lord, I have.
• X. C. J. Was that upon a Sunday ?
Hales. Yes, it was.
L. C J. Did you hear him the Sunday be-
fore ?— //.//*'*. Yes, 1 dill.
L.C.J. Well, what did he preach upon
then?
Hairs. This I know, that in his course of
reading and exposition, he was upon the 19th !
of Genesis. I
/.. C. J. What was his discourse upon that
rhaptiT ;'—//«/«. That I cannot lell. j
/-. C. J. Nor the day afterward ?
Hairs. No, my lord.
L. C. J. Upon my w ord, you have a lucky
memory for this piir^jose ; to serve a turn, it
4-an just hit to this very day. You arc very
puiu'tuully instructed.
Soi. Gni. Do you remember any other part of
the sermon of il'iig day than what you have re-
lated .^— //«/«. Yes.
L. C. J. Ay; tell us what you remember be-
sides.
Hales. I must coiisidcr a little ; I am not so
i-eady at it.
L'C» J. Ay, come let us hear it.
Ros. These things he might have more oo*
'asioii to recollect by reason ofmyjcharge.
L. C. J. You say right, jnsl occasion for
tl>is purpose. But 1 thought these men that
have such stupendous memories as to (ell you
th«y remember the chapter and the \erse, and
particular words, when it serves a turn, might
remember something before or alter, at least
in the same sermon. Why do you think they
were enUffhtened to understand and r<'nu mber
that one day more than any other ? Tlicv can
8
remember particularly as to sochthingK, and
can clan it together to answer such particular
questions ; but as to any tiling before oj: after,
they are not prepared.
Just, lilthins. Have you any more wit-
nesses, Mr. Rosewell ?
Ros. Mr. Crier, pray call Mr. John Warkw.
[Who came in.]
J ust . Holloway, Where do yon dwell, W bar-
. ton?— ir/iar/oii. At Rotherhitli.
Just. Hnllou-ay, What calling are you of?
W/utrti/H. A gardener.
Riis. Wei-e you at the meeting the 14tb of
> SeptcnilxT. — Wlutrton, Yes, I was, Sir.
j Hoi. What do yon remember, pray, of the
! ex|K>aiuon then concerning tlucking of the
! people to the king to he cured of the king's
: evil ?
I Wharton. Sir, I do remember upon your
, exposition of the 20th of CSencsis, yqu were
j s|ieakiug concerning Ahimelech king of Gerar ;
and you took 3'our exposition thus, that
Ahimelech had taken away the wife of
I faithful Abraliara, that 1 do remember jery
well ; and that you did say in your expositioii,
that the prayers of tiie prophet were preralent
for the curing of the king's e\i\. And then
you brought your proof, to the best of my re-
membrance, concerning king Jeroboam : that
JerolKMim stretched out his hand againsl the
Erophet of the Lord , and that the king cried, lay
old of him, when he came to cry against the
ahar at Bethel, and his hand dried up ; where-
upon the king desired the prophet to prsj to
the Lord that his hand might be restored ; and
he did so. This was the exposition that you
I madcu]Mm that verse in part.
Roit. Do you remember any thing of com-
paring the king of England to Jeroboam ?
W /tartan. 1 do not remember any anch
passage.
Mas. Do you remember anything about two
wicked kings?
Whartvn. I do remendter this passage, cod«
cerning Jehoshajdiat, that he had fallen twice
into the simie sin, by taking part, first, with
wicke<l Aliab, and tfien witli his wicked sod
Aha/jah.
Rus. Was there any thing of the kings of
England mentioned in this discourse ?
Warton. No, nothing. Sir. It was but an ac-
cidental thing that 1 h»;ard you then. I heard
nothing of thi; king of England in your ex-
position or .<iermou, but only in your praycra ;
when you prayctl for his long Lfe and happj
reign.*
X. C. J. Did yoti ever hear him before that
time? — W/uirtun. Yes, my lord.
L. C. J Di<l you ever hear him since ?
Wharton. Yes, once since.
L. C. J. Now let us know his text, and the
sulyect matter he was upon since.
Wharton Truly, as to the time since I dkl
not take much account ; for I did not write.
L. C. J. Canst thou tell us of what past at
any time before ?
'Wharton. Once before I heard him u|K>n the
«5j STATE TRIALS, 36 Chables II. l684.— /or High Treaam. j 20(i
or. of Genesis, where he made his exposition
—Truly, I have not any notes
I.C. J. Then hark you, friend, baie you
spoken mth any body since that 14th of Sep-
tember that did take notes ?
Wharlon. 1 am not acquainted much with
them that were his constant hearers, that did
t^e notes.
X. C. J. But answer my question that I ask
yoa ; did you erer discourse at all about this
matter, and with whom ?
Wharton. I came thither by myself, 1 say ;
I had not much acqaintance with them.
JL C. J. Nay, do not pre?aricate, friend,
with tiie court, but speak the truth out plainly.
I ask you in the presence of Almighty God,
did you ever speak with any body since tlie
14th of September about this business ?
Wkartm. Mr. Ilndson did speak with me
about it.
L, C. J. Did he read his notes to you ?
Wharton. Yes, he did.
L.C.J. It is a Strang thmg*, truth will not
come unt without this wu%-drawing. You can-
not help this canting for your life ; this is cant-
ing, if ymi would know what csntinff is. Did
ym erer speak with Hales, or Atkinson, or
tr Smith about it.
Wharton. 1 do not know Atkinson or Hales,
1 know Mr. Smith, but I nerer spoke with liim
about it ; nor he with me.
JL C. /. >Vhen was it that Hudson and you
spokelngetber of this thing ?
Wharton. It vras last Thursday.
£. C. J. Did he come to you, or you to
him? — Whmrton, I met him.
L. C. J. Where did you meet hiro ?
Wharion. At Hotherhith.
L. C. J. Did he speak to you of it first, or
you to him ? — Wharton. He spoke to me.
JL C. J. Then I ask you (and remember,
though yon are not upon your oath, yet you
veto testify the truth, as if you were upon
voaroath) did he mention any thing of Jero-
vma?^Wharton. Yes, he did.
L C. J. Of Jehoshapliat? anti of Abime-
lech?
Wharton. Yes, he did.
L C. J. Did you mention any of these things
10 him?
Wharton* Yes, Sir, I repeated nnore then
(Un I ha>e done now.
Att. Gen. Was your meeting accidental or
Wharton. It was accidental in the street ; I
^well below him a great deal.
Att. Gen. And where was it?
Wharton. We were talking in the street.
Just. Withins. Did not you go into some
hoasr?
Sd. Gen. Had you any discourse at that
^ of being present at the trial of Mr. Rose-
" €h r
Wharton, Mo, I did not know any thing of
ittiU I nw the Subpoena.
W. Gen. Before vou discoursed with l/uu
^^ you remember all these things ?
Wharton. Yes, I could remember them aa
well as he ; and a great deal more then.
Alt. Gen. Then cannot you remember wliat
was done the next day ?
Wharton. No, I cannot.
Att, ixcn. How came you then to remember
so well what was said that day ?
Wharton. Bccaus^c there was a reukUikabU
passage, that 1 had never heard before ex*
pounded. I had not staid at tliat time, but
that he was expounding of a very remai'kable
thing, which 1 had never heard expounded be*
fore.
L. C. J. Have you any more witnesses, Mr.
Rosewell.
Res. I have some witnesses to call more, if
your lordship pleases, to testify concerning my
life; and that J always prayed for the king,
that God would crown him" with grace here,
and glory hereafter ; and that he would re*
move all his enemies from him.
L.C. J. Ay, Mr. Rosewell, first remove all
his friends from him ; and then remove his evil
counsellors.
Hot. Pray, Crier, call Mr. Charles Arthur.
[But he did not appear.]
Just. Withins. Come, it seems, be is not
here, call another.
Ros. Call Mr. Tliomas Jolliff. [Whoap.
pcared.]
L. C. J. What ilo you call this man to?
Has. My lord, this person I call to testify
with iv?spect to my conversation and carriage
towanls his majesty and the government. *
L. C. J. What is yoiir name, Sir ?
Jolliff. Thomas JolKft'.
Just. Hoi. Where do you live. Sir ?
JollifT. In Mary 3Iagdalen's parish.
i. C. J. Why not St. Mary Magdalen's ?
llns. He is my neighbour, my lord.
L.C. J. But, I suppose, he thinks tliat
would have made the name so much the longer ;
or else, he thinks that there is popery in calling
it 80.
Jolliff. No, my lord, 1 have called it a hnn-
dred times, and a hundred times, St. Mary
Magdalen.
L. C. J. Prithee then do it again, it will
never be the worse for thee, I dare say. Well,
Mr. Rosewell, what do you ask him ?
lios. Pray, Sir, will you testify what
you know of my conversation towards the go-
vernment, and particulariy towards his majesty ?
Jolliff. My lord, in the time of indulgence 1
have heard Mr. Rosewell once, or twice, or
niore ; and I heard liim pray for the king, and
the peace and welfare of the nation, as heartily
as ever 1 heard aiiv minister in England in my
life. /
Ros. Pray, Sir, for my conversation; Did
you ever heiir any thing of my disloyaJty or
disaffection to his majesty, or the government ?
Jolliff'. No, Sir, 1 never heard any thioff of
any disloyalty, or any sucii thing in my Hie ;
* See Hnrdv'v case as referred to in the note
to p. 197.
QUI If
m
mail
I
I
but ftll the parUh will g-ive you an ac€ount^
that you have bt^haved joursetf* as an lionesl
lUAn ; aurvil I [lever knew (lmt« ettlier iu i^tiril
or deed, you were necuaeil of iitiy di^layaltj,
Aod, njy lord, it' you |>le.i^ Ui j^ve me my
oath, 1 ivill swear it ; tor it is tlie same thing
to me to te.stify liere iti such a court under ao
Oiit1f« or without it; fw I ought, I know^ to
^ Itify the truth.
Hos. My loril, I am oonfident lliut what he
B he would swear : and he is a very hoticst
L, C. / Well, Mr. RoHe^vell. if you have
anymore witiiesfteK, call them ; aod make what
mnarks upon the evideijee you pleoiic afler*
ward»» tor this is Dot llie time tor umkio^ re-
marks.
Rot. 1 humbly thaukyour lordship for your
gr^tt favour.
L, C. J. I do not speak it to cramp you
Id your time ; but call your witnesses, and then
make whnt ren^arks you will : For God forbid
we should hinder you from taking your full
time ; toi' you stand here for your Ufe.
Rat. U Mr, Winaacot here ? [He did not
»ppear.1 Then pray call captain Hichard
Cottoo, [But he didnot apjicar.] Cult Mr,
Thomas Fipps. [Then capt. Cotton appearwl.]
Rot. Thus prentleman, my lord, hath known
me for severaTy ears. Captain Cotton, 1 pray
Sifi will you sneak what you know ot my coU'
versalion and life, and loyalty, i»1th respect to
the king and g-overnment ?
Cotton. My lord and gentlemen of the jury,
of late I have not fre<[uented I^fr. iio«eweirs
company, or his cotip^egation ; but when the
door stood oiiea> without opposii lion, I have been
tliere ; and have heard him pray for the kin^
and government several times ; and bless God»
that we live«l underso peaceable a prince, when
all our neighbours were in blood and war.
Roi. Pray, Sir^ have you ever heard, that
aither in word, or deed, I should ever declare
tglklit his majesty or the government f
Cotton. No, I never heard any siucU thing
in my lilc ; but what I heard now upon this
trial up and do^ n the hall, as I was walking
below ,
Just. IViihim. flow long ago is it, that you
speak of. Mr. Cotttm/
iJot!itn^ I was abroad most of thptirae at sea ;
but this was three, or lour^ or live years ago.
Just, Wifhm. iVbai lime was that 1-'
Ct/tt&n. It was in thetiAie ol'thc indulgence.
Just, Withins. Ay, then, it may be, be could
speak kindly enough of the government.
Ros. He has knowa me thessaten years.
Have you not, Sir?
Cotton. Y'esj I believe 1 have* ever since you
came thither. [Then Mr. Fiupeieame in,]
Ros. This gentleman has known me sere-
J*! years, have you not, Sir f
tippt. Ye», Sir,
Rat. Pray, Sir, will you give my lord and
the court an account what you know of roy
life and conversatiou, and of my loyalty or dia-
tnjf«!t V tJi th^ IriiMT Ijy tfOHOfiillftilflt f
F'tppi, My lord, I have known tbia
man divers years. He lived in Wtllabirci, _ „
there he ha J tlie reputatKin of a rery Itooest
man, af^ood )»cholar, and a \m\\iK man. I nearer
heard him preach in my liti T •
go to conventicles; butt ht^
where I have heard hiui priv ;
and there be pr\i yed very earno- *
and governiuent, fort! ' • "
I came to London h»
hds been herein Lou^
has bpcn often in m >
tbf late tmjcs, the Btt I
bo<ly did take liberty to say what li"
of the king and goveiTiment ; 1 !• i
often in his company, and heard hiLii &pt.ik
with a great deal of respect of tlie king, ami
of the govenim«uit, and ihauk God for the h^
berty he did cujoy, and the protection ho bad
from the govi^rnment \ but I never li ' ' n
speak an dl word of the governor ^
life ; and I have known him as much <^A «AiM.ir)
as any other man that was not his bearer ; he
was always reputed a very ingenioua man,
and that is all I can say* 1 never heard or
knew any thing of ill ot him inmv lile.
jRflf. Pray call »lr, Caleb Veenng. [Wlio
came in.l Sir, you have known me aerenl
yt^rs. Pray be pleased to te^iiiy to mj lonl«
and the court, what you have known of my
conversation ivith respect to his maje^y aiid
the government.
Vccting. My lord, I hare known Mr. fiooo-
well these several years ; and I hare bec» in
company with him upon the oci t ■ rrccir*
ing money on account of rem id of
mine ; and likewise have bearil M^.i ^^'iHtetiy,
when he preached publicly ; and never tievd
any thing from him that reflected u(>on the |r^>
vemment, or shewed any disrespt'H to tlie king.
I hare beard him pray often very hcariily for
the king, and he never mctldltfd with any pub-
lic busintss, nor spoke of any news wluk 1 wia
eonceroed with him,
Ros* l^y, Sir, did you ever hear of any ill
I should speak of my sovereign ?
Veering. I have ficanJ him often pray for
the king and government \ and I nevar hemrd
any man say that he did otherwise, or that ever
he ftpoke an ill word conceroin*.*- any of thofti*
Rm. Call Mr, John lJiiLh<.<ock. (Who aum
in.] — Sir, you area gentleman that hti*^*' t^t.^wT*
me lor several vearsi \ pray, will ^
what you have known concerning niL
you have heard or known any ill of my con-
versation towards the king, pray speak it out«
and let me be shamed before God^ and lliii
gpreat assembly.
Hitchcock, I have known him, my
several yeai's, and have heard him formerlj
though not of late ; and when I heard Vn^
he used constantly to pray for the Ling ai
govenimenl ; I never knew him to s{h i«k ai
thing against the king and gov t)rnmctu in
life, but always sp4>ke very w orthily of tliei
Kof, Have you heard me oftou pray for tli«
king? ^—
i
9D9j ' STATE TRIALS, 36 Charles II. l684.-/or Nigh Treaton.
HHcA€Ock, I have lo, Sir, a great many
[210
Ros. How long' is that ago ?
Hitchcock. Alwut two or three years aj^,
nv h>n] : and I never knew him to be but a
fWT worthy gunth*man.
Rm. Vnkf call Mr. Michael Ilinmati.
C^bo caroc in.] Mv lord, here is another
HEDtSetnan that hath known me several years,
my, Sir, will you speak what you know of
■y cooTersatiun, with respect to his majesty
aid Ibe gvi\iTument ?
Himmun. My lorJ, I have known him many
jwi, and been in hjs company sr-vnal times,
Mincrer ficanl him speak any'thin*^ of ill rc-
IHb^ to tlic king or government.
Jm. Pray, 8ir, have you not liecn (upon
use occasions) present where I \m\v prayed ?
Uiftman. Yes, Sir, 1 have hcanl yon pray ;
■i I have heard you pray for the king very
bnitfly.
Bm' Have vou heard of any evil I should
otfKr say or do ? Or any thin^ by word or
ini against tlic king or government ?
HinmaH. No, never in all my life, one way
Mm. Phiy call Mr. Nicholas Wanlcy. [Who
CHKiD.] Sir, you bate known me lor these
Wtn years ; pray will you be pleased to
ifaBtiie triitli of what you know of my con-
hbmmb, with resfiect to the king and govern*
lUty. My lord, I have known the pri-
Mffttthe bar sc^veral years ; I have been
ipfHMli IB Ills coin p my ; and never heard
titt^oltB in word ;i^»mst tlie khig or go-
VBOBril it my lile ; but have ot)en heard
!■«■& dial the kiu£r niigbt live, and have a
l^faidiiro»pen>iis m^n : I never heanl him
■f aedi worci ot the governnunt in my life ;
k<«hny% when he sftokc of it, it was with
difherrspeirt that anv person cnuld do.
Mm. bid y ou e\er fiear from anv utlicr per-
Mii dinMTtly or inilirectly, that I [iu\e spoken
Rieetively upon his mnje^ty ?
WnUgy. Never in my lite, my lord.
Mm. One w ay or cither ?
Vfl«/f». \o, not any way at all.
Mm. rny, call ^Ir." John Stnuiff. [Who
jffttrcd.l * Sir, you arc a geiuleman that
IlKknowu mt.' iiianv ^oarstiMi, w <>r IJ ycai«,
tWiievc. — 6'-'r»'/f.e. \es. Sir. \
. Mm. Praj, wiii \< 111 tell my loni, and the i
}qr, w bat you know of nu> with respect to i
I^Mia^iuur in word or deed, in rtltriiicc to I
JK Majesty, nr t hi' government f j
Aroa^.'Sir, I hate heard you teach several
iKsfonnc-ri^ ; I wris not at this time indeed
jh wbirh yoti rkow staml accuseti) at tlipt
jMk : But* I never heard you sjwal: u wdrd
■B'iM' hia mujcoty, or the government ; liiu
always prayed very earnest! v for his ma-
r. * '
L Did you ever hear tlu«t I sltfuild iiay
fcin^ iU'of the king or (>'o\L'rnuitMit ''
rmig. No, never.
Mm. CaBMr. Joho Cutloe. [Who appear-
TOuac
ed.] Sir, you have known me too very many
years: What do \ou know, pray, concerning
ray behaviour towards his majesty and the go-
vernment?
CutfiK', My lord, I never knew him sjKMik
one word disrespectfully of the government,
or the king, in my life ; though I have known
him some years.
Rot. Did you ever he-ar from any Ijod}*^ else,
that I did speak ill of the king or government
directly f»r indirectly i*
Cutloe, Mi», never a wonl, I assure 3'ou, Sir.
lio'i. Have you been where you have heard
me iiray tijr his mnjesly ?
Cut he. Yes, Sir ; I rememlier at Bristol
once occasionally 1 heard you in the time of li-
berty : otlii-rwi-ie I canitot suy I have heard
you. But 1 never hc«Fil any thing against the
government *, but you always behaved yourself
loyally and |>eaceaLly tint 1 know of.
lios. Call Mr. Charles Melsum. [Who ap-
peared. J My lord, 1 call this gentleman, who
will accpiaint you that he lived with me many
{rears in an honourable lamily, a pei-son of qua-
ity of this nation, one of the JIuu^erfbrdB^
where, my loni, I was tutor to sir Ldward^s
son for near seven years ; a gentleman well
known for his great loyalty to the king and go-
vernment : So that if I had been such an
enemy to the kini^, or so di8affecte<l as these
people would make me to be, sure he would
never have entertained me. Pray, Mr. Melsum»
will you phrase to acquaint my lord, and the
jury, how many years 1 was in thatikniily p
MtfiunL Seven years ; and I was above 14
myself.
Ras. Pray, what do you know of my car-
ria^ in that honourable family, with respect
to tlie king and government ?
Melsum. As far as 1 know, for my Hie, I
will declare. I do not remember he did trouble
himself, or meddle or make with any man's bu-
siness but his own. He was a man that kept
iiiurh to his study : And when he came* up to
prayer, heprajied licartiiyibr the king; and had
tiie rfO(Ml wonrorall his neighbours tlicreabout.
l\in. Have you ollen heard me pray for the
kinir .'
J/' <•'/.'. 1 liive heard him a hundred times
pray \<,\' l!ie kir^:^: I never missed pniyei'S when
I J wu <i at huiuf; and it was his constant practice.
i L. C. .'. Dill Ik ]>niy in the lauiily then ?
MiffUitt. \ Cs", h.rdid.
L. i\ J. i)i«l he I'M- iti go to church ?
.'/i />■.•'••. N »*s, hi* wont t" clniirh, to the be-
^iiir-iiiitr ollh'^ prayMs ; he did Irequi'ntly at-
t**ud d'vini"*«*T'. !v«f.
L. ( . J. I»id In n.cei'.ctlic sacrament in all
ll>:»t tJ|»ii.' .'
Mil.M't;. Vrsj I hilio*.- ].u diti ; I cannot
savit dip ciy.
.h'fi.. 1 \* ;fs u vniv \:\i\i uttriidi r upon the pub-
lic iiiinistr\ . Itisnc)\v Jmw iid<»z«'ii \ cars ago;
it w;i«j ill tin- yr:if 1» t^. my Pud, and so doMii-
wavd. Sir, yrMi k:io\v i u:u; a coustr.lit at' "i
duntnpim thV ini.iiM y ot the church, and iii<^
worship of Cod lli'.rv.
P
ill] STATE TIUALS, 36 Cu arlrj 11. l684 Trial vj T^ma RdiiweU, [8M
I
I
I
L
Z. C* J, Did you ever hesir him umke tuie
o/lburoinmon-prH^er liimseU'in the tiiuiily ?
McUuhk I caiiuot hay he did.
^X. C\ J* Well ; bare )ou any more wit*
I«R, Kir ?
!<;^. Ve5, my lor*U Pray c«U Mr. Hubert
Medham. [>V ho an|«etiTd.] Hej c is another
e:«titleifiap, M>y lord, tlittt Uvecl id iliat i'auiily.
Vrsky^ Mr. M^dham, ho^v lusg did yottlWeui
that hoDourahle rainily ?
Mtdhum. Abont folii' ye&rg.
J^fJit, Was thut iu the liiue thai I wm lb«re ?
Mtuihnm. Yes, it ^vns*
Jl^. Pray then, Sir, will you declare what
ycm kuoivufmy conversatiun in that fiinilly
with ri'iJpcet to the jiubhc ?
Ahitff • ^'' ' "' '♦ - ! jrrcal while ago ;
but lit i«: ldjdaKv»>8 keep.
tn thi '^j^ ..... . r uH chaplain to my
kdy Jlung^tTtord ; and always prayed for the
king at lMiI^ tituc of prayer,
Y Ji*'*. Did you e\er hear that I should speak
Of declare any thing i&guinst the kfng' or go-
▼emiTiont, in all my lite, all my liaie, oryuur
lijlie that I was there ?
Mai ham, 1 must needs say, I tie^er did hear
auv »«iich thing In my lifu»
Jitsl. Ihd, But ilVas not the pray era of the
church tlipt be used ?
Mcdhtnn. J cannot say that.
L, C. X Did \ oil ever hear him use tlie
paversof ihr"'-..- t. •
Mcdhum. I r thai I heard ^ was lliot
f?hichna« um: . , lein the femily*
L. C. J. Btit pmy apeak plain ; cFid he use
the c^mvoioii-piiiyer f
Alcdham, 5? o, my lord ; I eaanot say he used
tht cormnon jn-aycr.
X. C J. 1 tell you what I mean ; Did he
out of the book of the Conuium^prayer?
^edhmn. >io» my lord, J • ' that.
C,J, D*ist t Iron take ht' prayer
'' ', ers urthe churcn
i/i*. My loifljj he does not know
,f believe j 1 liehtMc be does not
Yes, 1 nscd 1o attend upon the
soiiid iVIi% r{03*ijw«ll.
' '!i«i. ^Vdl,8ir, have you any more
witnesses f
Roi. Yes, my lord ; pra)^ call Mr«» Atme
Broadhurst. ['fhen Mr. Wiunacott appeared
and rtffered hmiteJf*]
WinnacoU. >ly lohl, I heurd I ^va^ ealkd j
• ttd am come as soon as I coubl g'et iu.
Hoi. Ay, Mr Winnacott, you have known
me many years ; I desire you woid<l testify
what you know concei'uiag'my conversatioii
fttid behat'iotir.
WtnmicolL Formerly, when 1 heard him
I tir-ver heaitl him apeak a wonl a^ainiit the
kins.'- *>r •rrit*>rnment; uid it %^ some three years
a^ earj him.
' • you heard of any tvll that I hiive
i4iit or done agfiiiiAt the kin^^ of the gavemmecitf
Wtrmacott, No j but I hafclt«U^ IlitfldWti
pray for hia majesty.
4
JuHt. Wukmt. Well, there la your Other vrit
ness Anne Broadhurt<t ; what aik you her ?
fifli. 2*Iy lord, this was a servant that lif e<
several yejin# in my fanulv* Pray, Nan»
many years did you hve tCere ?
Broadhunt. Four years, my lord.
Kof. Pray declare what you know of mctoi
my family, lUth respect to the king aitd go-
vern menu
Broadhurst. 1 hare generally heard you twioi
a- day pray in yoor family ; and I nerer heard
you pray in my life, but 1 beard you pF*y it
eamaidy for the king as you did lor your own
souL This I can declare during the' time that
1 lived there.
Roi. Did jou erer hear me speak evil oftlie
kiogf in my family ; or reflectively an the go-
vernment f
Brmdhttr$i. No : you always prayed for
the kini^ ^as I say) as earnestly as mr yoursdf
or yf^ur family,
Rus. If you know any ill carriage in won!
deed towards my sovereign, 1 desire you
speak it out, without favour or afiectioDj or aoj
respect to me in the world,
Broadhurit. No, I never did ; but hM%
often heartl you heartily pray for him*
Jufkt. Wit him. Pray, how lang ago is ibli
Brmdhuvit. Two years ago I lived wil
him.
Roi. Pr4*Vi tell my lord again, how bog
waii, and when that you lived thei'e.
Broad hur%t. I lived there four years ; and
is two years ago since*
Just', Wit hint. Pray, how often were you
church in that time?
Broadtiurst, When 1 had occasion to go,
did go ; but 1 did usually hear my masti
when 1 dwelt with htm.
JuiSi. IFithint, Well, who is your nevt wit
II ess ?
H OS. Cal I An ne Mati ni ng . [Who c&me ti
Vou lived with me in my faauly i»evertt1 yeari
Mnnnitig. Three years, ?Sif,
Ron. Pray^ will \^\i dt^clare what ytni k^,.
of m y cji r riage and beh a v io ur t o v> a rf U ih e ki\
andgofciuuieat, iamy faniily, whileyoutf
thei e f
Maffhi/i^^. My lord, he prayed for the kill]
for his looj; liftj, in his family duties, monif
atide\ Oiling ; and iu [uifate, when nc'
lieard hiia but my^lf.
L. C, J. \\\m% I you and he were at c»
i(»y:elher ?
Ahtnnif^g. My lord, I have gone by
stud V -dnnr, iuid iittve heard him pray for
kiiij^\ lonu*" lifi% when he knew not thai
body heaifi luui,
Roi, This, my lord, is more than 1 esrncctedi
ibr I litllelhoiiL'^ * *1 * uiy body could give
a testimony ol - devotion; ilmugti I
never then on a,.. , ..ly for the kiug, and
never shall as long as 1 live.
Alonning* My lord, he prayed as
for the kind's life as for bis own soul ; and
have heard him ofUn prayittgi *md d<
Cod to preserre him in his kiogdomi Itttd gi^
STATE TfUAIil, 36Charlbs1I. l6u.—/or High IntMA.
tve buutl bun iosisl ii(K>n
k not eiil of the kiosfi "Oi
tin ir; for tli« birds of the
Roi, Pray spuak the trntli. Dirt you ever
he«r me utter an ill word or reflection upon^iis
msuesty or ibe ^t>Teriiineut ?
i^rnHg. No, tuy lurdi be was always
ily for the kixig.
8p€ak the truth of what you know ;
I you would speak the trul1i,aod nothing
i the truth, as if you wett ujioii your
AfyniifTtg, I do speak the truth, and it ia
^1 can declare, nui would, if I were to
ft next moment ; and 1 vttn safely sMxar
^It w^anaolJeiit aodcommofdy received
f, [8t, TriaW 1. |nLS»ilui.] (derived from
■ law, riTid wUlcU also to this ihy obtains
-^f France) [Douuit, pidd. law.
a- 8p. L. b. 29. c. 2.] that, as
~ J J I M.^ t'd to any nristtn e r uce used
I a neither siiould hebciiur-
' ! lesljuiuny of
jBby »^ deserves to be
HiFcrrtiu, nj ijir innuMi ni Mary 1, (ivhose
mente^ till Ler marriage \vith Pbiliti
, s«?em to have been liumane ami ge-
laa) [S*!e pag. 17] that when dio ap-
iiA Sir tUcbard 'VIli'^hh rhi- f justice of
n pleas, no, * ti»U
tiidui^^lhf I "i *hd uot
vriiuess to s^itak, oi any other
ta be heard, iafavoitr ofthe adversair)',
J part}' ; her [iii^hMi*:ii5's
1 3 atM»e V er could \m hrou ^ h t
ui liie suljject should be admitted to
: and morcofer, thai the justices
suadf ibernM-lvestosit ipjudg^-
for her hi^huesii than liir her
taijy
LiiulUn^h. 11 1-2. St Tr. L or>7.]
dsi in one partieulur iiistanee (when
the (jut'Cirs loilifury sUiies \%us
by statute Si E!i/. e. 4,) it was
at any person, imijeached ibr such
' shm\hi be received and udrntUi rl to
any Uwful proof that be could, by law-
jiness or oUicr\viie,for Itis discharg^e and
?»nd in g-ijocnd the courts grew so
> d of u dt>etj'ine ao uureason««lde
Hid i^ that a piactice was gradually
tfitroduLLil of txaiatniii«^ wiiuesses for the pri-
T, but not upon i»3Hh : ['J Huliilr, 147, <_'ro.
'\ tV jiieuce of wbicb still was,
ar > credit to the prihoner'ti
[TfMhiced by the croivn.
x\ III 7i>.l protest* very
i\i luitirnl practice: de-
dwii;. ^ ul .11 iny act of par*
Eaini i . nrru, iliatin cnmiDal
flieH accused »houhl not have wit^
MMi^' I him ; and therefore there waa
tnlao uiiuit iii>Mcin[ilia jurU against it. [8ec
ik> ^ Ual. p. C. 2ti3. and hbsutumarj^ 204.]
IftdlJac liau;se uf Comtiiouit were uu sensible
Rai, Then pray^ call Isabella Dicke^on —
[Who appeared.]* My Lord, surely I would
uot speak evil of his majesty or the goviTument,
m public in tb*' rnii<rr»'».4U(»nt when 1 prayed
for him in my I I my closet. But here
is another sers lived in my famil}* i
Pray wHl vou speak wliat yon know concern-
in^ my behaviour ill my family, with respect
to the king and goverumcDt.
Dickt'Jitm. He usefl to pray twice a-flay itk
his family, morning' and evenings, and he always
tkrajed earnestly for the kioi^, for his good
tesitih, lont^ life, and prosperity.
HiKi. Did you efcr hear Tue^peak any «vil
fif the king or i^overiuuent in any respect ?
Vkkcson. No, never. Sir, in my life ; nor
do I t>elieYe you ever bad an evil' thought of
thekintr,
Ros. Pray then will you call Mr. James
.ilkinsou.
Just. THMiW. We have bad him alreaflyj ^
and I stH>|K>*je he is gone ; he is not here.
Rm, I callhinmow iotetttity auotber thin^
if your loidT^hip pleases; and be is at hand
my lord, 1 suppose.
L. C* X You should examiueyour witnesset
to^^^elher, but we will not surprisje ) ou ; we will
stair.
Just, Hof. Pray call any body else, m the
mean lime, if you' have any other.
L. C. J. ?iay, brother, it may be he Itath
obst ned a method to himself* he is lor bii
lite ; let him take it. [Then Mr. Atkinson
came in.]
jRos. That which I call you now for. Sir, is
to testify what you heard lipon Ihe 30th of Ja*
nuarj' from me, about praying for the ktngf '
and all that are in authority,
Atkin&m. My loitl, he kept that day. I be
30th of January, os a day of failing and
ol' this absurdity, that in the bill for abolishing
hostilities between England andScotJand, [Htat,
4. Jae. l,c, I,] when felonies couirajtted by
Englishmen in Scotland were ordered to be
tiicfl in one of the three northern counties,
tbty insisted on a clause, and carried it [Corn.
Journ. 1, 5,19,13,15, U9, SO Jms. 1607.)
again!»t the eflorts of both the crown and the
House of l^rds, against the practice of the
courts in Etigland, and the cypress law oi'Scot*
hitid, [Ibid, 4, Jun. ir»07.] * that in all such
' trials lor the better discovery of tlie truth, and
* the tietter ii»h>rm»lion ol' the conscience si of
* the jury and justices, thire shwll bf idloweil
* to the parly arniigneil the l>enefit of such
* credible wiinesfccs, to lie examinrd upon Oatlt,
* as can be pt oduced for his clennJig and ju&-
* titicalion,' At length by the statute 7. W. 3*
V, ii. the same metisure of justice "as cs^ta-
hlisheil throughout all the realm, in casfs of
treason within the aL't ; and it i^as aJlerwards
declartnt by statute t Ann. si, 2, c. 9. ihiit in
;ilIcHses of treason and felony, all Wiine»sej« for
the prisoner should be examined upon onih, in
like maimer us the witaeSMi again &t hlui.^'
4 Blaekst. 359.
I
t
I
I
215] STATE TRIALS, 36 Charles II.
pravcr ; and he preac'lied from that text on the
1 l^iin. ii. 1. pray for kings, and all in au-
thurity : And tnen he did assert iImiI kingly go-
vernment was most a^ceable to the word of
God, and the constitution of the government
of England, which was the best in the whole
world ; and had lieen so approved by writc^rs,
Imth foreign and of our own country : And he
did urge it as a duty incumbent upon all people
to pray for the king aud magistrates, that they
might * hvc a peaceable and quiet lite imder
them in all godlluesk and honesty.' [Then he
seemed a little faint and stopiiecf 3
Rat. Pray, Sir, will you recollect youraelf ?
My lord will indulge you a little.
Atkinson. 1 have been acquainted with Mr.
Rosewell these ten years.
Rog, But, pray, Sir, what d» you remember
of the application of that sermon upon the text,
about prayinof tur kings and uil in authority P
AthinMm. That persons were to pray for
them, and to olH;y them, and that it was their
duty. Tills is all that 1 can remember.
J\(H*'. ^\ h.U d<.' y..i ic'!n«»!a1»cr of my in-
vectives iigaiii^t lIiuNc* tli.f irarliscd the con-
trary ?
Atkinson. "Why truly us to th»»...c liiiii^x, he
did highly condouui those pcrscui^ ihut hiid any
ivav actcil again.st it. And f hrtve l;p::rd Iiini,
iMitli in public and privale, inveigh against those
that liuil any hand in the murder of the late
kin^, and condemned the fact as a diabolical
design.
Ko.;, Is3Ir.Smitlithcici?
Afkhtson. f was very ill <iti Sabbath-day last,
and I tliouq;hi I should nothawroinroutunw ;
and I would not, to th« best, of my reixicm-
brancr, speak a lie, us I am in the pn'sonce
of this hoiifiiindile court, and in the presence
of God, touhoni 1 must give an account ano-
ther day.
Ros, Go<l will reward you for what you
come to do f»r an innocmt ])< -rson this day.
Atkinson. 1 never licaid an ill word a:;*iiinst
the king or governmeut drop from Mr. Jtose-
wellinmy hie. I am not upon niy oath, but
know myself to be bound to dr cjurc and tell the
truth, and nothing hut the truth.
Ros. lam conhdent, my lurd, he would not
speak what he would not svvcur.
L. C. J, The jury are judge.-* of that, 31r.
Rosewell, 1 must leave it to'them.
Roi. Pray, Mr. Atkin.>un, was 3Ir. Smith
with you ? '
Atkinson. Yes, and I have scnl one to cull
him.
Ros. Pray, Sir, let measky«»u as to what
MistrcfiS Smith ^.1vs, that I should soy of the
recorder being muile a j ui Ige ".'
Atkinson. 1 never heard youspcuk any such
wonls in my life.
Rot. V[Mi\ the last day of August last, at
Mr. Shed's house, she says, that 1 did use
that expre^ision.
Atkinson. As to Shed's house, I was then
sick, and was not there. If my lord will giv e
Bie leave to look upon my note-book, I can
tell what day 1 was there.
1634.— TriV/ of Tkmas Rcmeell, [il6
Smith. It was at one l)anie1 Weldy's bouse,
as I think, that you spoke about the mayor,
and the sheriflii ; but what you said about fbolf
in scarlet gowns was at Shed*s house.
Ros. Was there any meeting at the meet-
ing-house, since July last, upon the Sabbath-
day ?
Atkinson. Truly, I lie not able to it^member ;
but if my lord please to give me leave to looL
upon my note- book, I can give an account;
for 1 writ down every day the place where we
met.
L. C. J. Prithee, look upon thy note-book ;
for I have a mind to know something ont of
tbat note- book. Prithee tell me what w as in-
sisted upon the 14th of September?
Atkinson. My lord, I only have a note of the
day, of the place, and of the text.
Ros. Pray, Sir, did you hear me speak of n
great man in Grace-church-sti*cet at the upper
end ; and that if it had not l>ecn for him, the*
fire hail been qucncliird ?
Atkinson. I never heard that expression froni
you in all my life. [Then 31 r. Smith cams
m.l
nos. Pray, did you hear any such thing;,'
Mr. Smith :' — Smith. No, my lord.
Ros. My lurd, 1 can bring all the rest to tes-
titv the siime thing, if your lordship viill let me
call them ovt again.
L. C. J. Do as you will, I would not restrain
you from any thnig of a legal indulgcneeji
that is fit to give to any -man in youroon-
dition.
Atkinson. What day of the month dojott
say it was. Sir, that you spake of the recormr ?
Rm. The :>lst of August, 1 think.
AlUnaon. At that time I was sick, and irift
not there.
Ro$. Pray, 3Ir. Smith, have you ever heai4
me priMcIi upon tlit* 30th of January P
Smifh. Yes, Sir ; I have heard yon upoo
that day, and upon that text, that we should
pray fur kings and all in authority. You kepi
it as a day ot uuuiiiiatiou, and you abhorred tiM
r.ction of that day. It was kept very solemnly,
tor the bewailing the horrid murder of our tale
king. And you were so far from giving any
Luuntenance to the action of that day , tbat joa.
detested it, and preached very much affauHt
it, and you have always preached up kingly go*
vemmeut.
Atkinson. Sir, you were asking me, if there '
were a meeting since July, in the mcetiug-
h'Uise '.*
Uns. Yes, l)ocaur:c she says there was on0
npnn the lOlh of September.
L. C J. h' youlouk uiMin your notes agaiBi
Mr. Uusi: well, 'you will fmd it was the Idth af
.August.
Ros. Where were you upon the lOtli of
August?
Atkinson. I was at homesick then; itiii,
written down, your lordship may sec it.
L. C. J. Do you take notice where jotV
heard the meeting was, when you were sirJtf' .-•
Atkinson. Yes, my lord, I have a short timt
of it.
STATE TRIALS, 36 Charlus !I. l6S4.-*/or High Treasm. [US
Hecorder. Not a penny that I know of, or i
Any a^croent for it *
Has. Pray, 8tr, will you acquaint the courts j
i C, X Wbcre wag ihe meeting then ?
f^itA?:!. In ihe tnc^i ^ tr;e, aa I heard,
. a X P^y, recti! . If; and look
I your book, h"*v '^ , ,. ,1 there ?
ikinton. Mv^' ^ *be lOlh of Aug,
2' J VVh'ta -i:„.Li take that note,
your word, now t
inmn. When my family came home,
o<ly did tell me that day, or the next day,
i;. J, Well, wJicre was u the time before" ?
kuuon. The 3d of Aug^ust^ at Mr. Crook-
'a ; the text was the Heb. xith 7> The
the racetinff- house, myself at home ;
tldca the 8Ui and 13th.
My lord, these gentlewomen say, they
seTeral meeting*. I desire, my lord.
Be witnesses may be called.
C. J. Call whom you will. Who do you
I fint f
, Tliomas How, My lord, I conW brings
pJb of witnesses as tv this point.
C. /. Well, there is Thoiiuis How ; to
t purpose do you call him ?
f- Bly lord, to te!stfty to that she should
■ bcfcTtv sir George Treby, that Mr, How
\ at a contenticle such a time, when he was
Mil Bod tlipnrfnre I desire him, thnt he would
flhaUr t lit truth of that matter.
lina i will testify the truth a3 lar
[kiiaw jr ; biit- ypnt thrtieteU' ■
t\ / How do voii know tkat ?
r. So they %',m,
.C* J* Thiit is no evidence ; and I lare
rliat tl»ey said : If you know any thing
'T«l y*»ir own kuowiedge, speak it.
,_. 11l^ offered
.CI/- 1 tell you their oflering signifies
Iw. My lord, it is an year and a linlf a^,
* *^^'' ^* '* ^ never so long ago» if it
I they Httid, it signifies nothing, H
^ etrideuce ; but if you can say
ir own knowledge, you say
tiie we will hear it.
' some questions 1 desire
« to Mr Recorder.
J * .. fifder be really to answer
Eh all my heart.
n *f* r, 1 ile&ire you would
nee to testify, whei her
B13 teeming >!rs. Baihoe ?
ICJ, Who IS she?
My lordf it is whether there was not a
"cle »wom before Mr. Reconler against
'athoe :'
^1 cannot well tell, Mr, Rosewell.
on>irtion before me (;*s I remera-
r r.iif ^^ 1^ !nfce for a eonvenlicle j
i I • witneJs told you just
t ijud IT [1 oiii iic'f own conffssjon*
Oo you l<now any thing, pray, 8ir, of
ntiun that was made upon that cod-
r. No, Sir ; ynn do not think, snre,
I I stake compoaitiona, or know any thing
h«io?
%9. Was Of I the mc^tjeyy^ir, patd back
bow that matter was really ?
Recorder, ^\t%, Bathoe came to me, and ^
said, she was mistaken if any f^uch worda did
pass from her ; for indeed there was never any \
such conrenticle as Mrs?, Smith swore aha had <
confessed. Upon that I sent for 3Irs. Smithy ,
and bid her consider of it, whether there 1
really any sucli conxenticlc ; and Mrs. Bathoe
had brouffbt her appeal and it is dependini^ ^
now, and will be beard the n«Btt (][uarter«
sessions,
Ros. Prav, Sir, did you tell her, that sbo
misiit have Ker money again ?
Recorder, I did tell lier, Mr9, Smith wa»'
mistaken, and did not insist upon if, and she
would have her money returned again.
Ros. Pray, 8ir, did you send yotir warrant 4
foroneCartivriffht imder your band ?
Recorder. Yon ask me a hard q\iestion ; I
might send a summons for several pereonS| t i
cannot remember all their names.
Ktyii. By whom, I prav>8ir ?
Recorder, i catiiKii leU who 1 sead all my ^
suramotis by.
Roi. Was ft not by these two women, Mrt.
Smith and Mrs. Hilton *
Recorder, I cannot tell ; it may ho it might
be so.
Ros. Pray, Sir, what did you say to Mr-
Cartwright When he came thither P
Recorder. I cannot rcmc?mhfr pnilLCularYv*
Ros, Sir, did you not ask him whathefiail
to !^ay against ihe«e wHoessei that are produced
against me ?
Recorder. My lordVl remember, when Mr^
Cartwngitt carue to me, I did ask him socot
such question ; for they had told me that liev
had, by a person, been tampering with thetn
to take them off from prosecuting a great niaogr
persont.
Ros. By whom were you told so, Sir ?
Recorder. By ihemaelTes. I know nothing
of it : But I tell you the reason why 1 sent for
him i because tliey told me, ihcv went in dan-
ger of their lives ; that they could not walk the
streets in satcty, hut they hatl stones thrown at
ilipm ; and they were ri^vo.'iched qs common
inlbrmcrs, and Were beset hard with applica-
ti on $ of money, to tiike them off from prose-
cuting. And, among the rest, ihey conuilaioeil
of one Cartwright, that he had been dealing
with them ; and it was upoo ihat acr^ount that
1 sent for him, to know what be bad to say i
against them.
X, C.J> These questions, Mr. Roae well, pet- '
haps, may Ik? bviter let alone.
Recorder, I have aeen a letter that dots
ihreiiten them very much ; but 1 cannot say
whence it comes.
Rm. My lord, 1 desire to ask Mr. Recorder^
whether or no he did not send lor some of my .
wiiuesses ?
Recordc r. I do not know your witnesses, S&*,
Roi. Did you send for oot Riihard Oibha of
Rotherbitb ?'
Slff] STATE TRIALS. 36 Chabibs II. i6H4,^Trial of Itawm Bnn
fetsed in truth they were not;
[dications to compound for the foi
they should have their money agi
L, C. J. Prithe^i ask him in g
does he kuow of her ?
Harvey. Elizabeth Smith cam
of mine m April or May last
Alt. Gen. Were you by ?
Harvy. Yes, I was by. Sh
friend pf mine, I say, and she t
she could swear against him, and
for a oonsiderabte value of for
conventicles —
Z. C. J. What friend of thine
Att. Gen, Where does that fri<
Hai-vey. In Southwark.
L. C. J. What is his name ?
Harvey, One Games.
L,C.J. What trade is he P
A sail-maker.
Whereabouts does he
Recorder. Yes, he was eonitable at Rother-
hith.
Ras. Pray, Sir, upon what account did you
tend for him ?
Recorder, I did it, because I heard the con*
atables of your nde durst notexecute their war-
ffants, for lear of the rout of the people.
L. C. /. I tell you, these questions were bet-
ter let alone.
Rot. Mr. How, that which I call you for, is
whether Mrs. Smith has not offered to swear
before a justice, that you were at a oonventide
when you were not ?
L, C. J. She says she does not know any
thine of her own knowledge.
Roi, She cMlTered it a year and a quarter ago,
before sir George Trebv.
L, C. J. Were you by when she offered any
sochthiiM^?
Ho», fwas by, when she was before sir
George Treby ; and she went into a yard, and
offer^to inform against one Mr. How for
being at such a conventicle ; but 1 was not the
man, she said.
Rjos. My lord, she had sworn it.
X. C. J. No, no, she had not sworn it, slie
only offered it, and for aught I perceive, she
is a very careful witness, to see that she does
not fix upon the wrong person.
Ro8. Then if it please your lordship, I de-
sire John Townsend may be called. £Who
came in.] Pray, will you testify what
you know concerning Mrs. Smith's swearing
ihat Mr. How was at a conventicle f
Tuwnsend, Sir, 1 will tell the truth as near
as I can ; I cannot tell the day, it was about a
year and a half since, that he was out of town
of the lx>rd's day, and that day was remark -
able, for I met him coming to town, and it was
about the ereuing, about nve of the clock, and
that day they hi^ brought him some notice of
« warrant for the seizing of his goods, for that
he had been at meeting: Now he, understand-
ing when they were to make affidavit of it be-
fore sir George Treby, he desired me to ^o
with him thither, and I went with him, and he
asked her if she knew the man. There he was,
and I was, and one more, and there came one
Stranger : And we went out to the light, and
ahe looked upon all of us, and knew never an
one of us.
X. C. /. You use to go to conventicles, all of
you, 1 warrant you f
Just. Wit hint. She was not much out in her
conjecture, I dare say.
X. C. J. But she seems to be very careful,
that she did not swear against the wrong fier-
•00. And (speaking to Mr. Townsend), If she
had sworn that thou hadst been there that day,
I warrant you she had sworn true.
Rot, Is sir George Treby here ? [He did
not appear.] Then I desire Mr. Thomas
Uarvcy maybe called.
X. C, J, There he is; what do you ask him?
Rut, My lord, to prove that this Elizabeth
fiknith swore that strml pertona were at se-
TttalooBfoitidif, wUokalM aftsrwaida eon-
Harvey,
X. C, J.
wark?
Harvey. By St. Mary Overy's
he came to me, and desired me, i
meet and speak with her ; I me
it was about the Exchans^, at th
there was she and anoUier felU
She told mc she could swear aa^aii
such ; and desired me to give
drink, which I did, and then she
story, and demanded either 10 c
and that that should take her off
ing against them. I told her, 1 c
thing to it ; but I would acquaint
I did, particularly, Mr. Games. '.
not fit to give her any thing ; wh
returned to her. She tidd me si
])oor, and if she could have but sc
would declare who it was that v
but upon reasonable composition
had offered to swear^ she would i
had taken the copy from a sister i
I think, she said her sister's nan
Farrar, as I remember.
X. C. J, Did she offer to swe
against you ? — Harvey. No, my
L.CJ, You know tliat Gam
don't vou ? — Harvey. Yes, my h
X. C. J. Does he use to f requc
constantly ?
Harvey. I do not know that,
have known him many years.
X. C, J, Do you live near liim
Hiircey, No, 1 do not.
Rot. Fray call 3Ir. John Cat
Mr. George Norton. [Mr. C«
peared.]
Ros, 3Ir. Cartwriglit, I desir
please to testify what vou know ]
ing Mrs. Smith, who Lutli testifie
Carf, My lord, nuiv it please
the t2d of July last, 'Mrs. Smitk
together from seven o'clock in th>
half an hour afler eleven ; and
we went to a constable, one Alex
in Aldersgate-street ; and from
went to Moorfieldi to kwkfinr
"A
STVRl miALS, 36 Charles II. l684.-^or High 7V»rmi.
ce; but there was none : And from
re went into 3Ioorfiekls again, and
neimtman.wboni we supposed was
neeting; andtbismanwc followed
f almost an hour's time, that it was
time of day tbat it now is tiiat I am
Hiatdaj she convicted Mrs. Batboe
I meeting in ber house ; when she
e, and another man, that she never
hooM of Mrs. Batlioe ; and then
me morning tliere was one Rice
it was convicted of a coiifeuticle at
, Dpon ber oath.
Sow do you know tliat?
I I was told.
But it may be yon were told a lye ;
oly speak what you know yourself.
rheu, my lord, several times she
M to coDTict with her, when I never
•meeting ; and also, she has of-
irict with me, when I have been
ihe hmth not been there ; and she
DT wife to convict one Dod^s mect-
editcfa, and my wife refuserl it, be-
vs not there.
Were you by when she asked your
■y end please your honour.
Who did youteli this first to?
aeyou bunted along with her, why
go and roniplain, when she had
■ propositi such a thing to you Y
jbrd, I did not so well understand
did you first of all tell it to, I
Jhl of all told it to one Smith.
Was this before Mr. Rosowt^ll was
kr ? — Cart, It w as afterf* anls.
Did you go to Smith, or did he come
waa throuG:li aiiothcr^s means that
ipeak witli Mr. Smith.
Wbowas that?
(was throiigii u OoUlsmith's means.
What i^ His niur.e .'
Gi name ia Ferrv ; he lives in New-
L
, Huw can^c he tu ur'i'ici>:tand it, to
together?
ieeaiise he luidiTstoorj tiial I was
Smith thai tmiL tl:iit shr; e-onvictnl
MC^and was CMncoriK-ii »iiit iier. I
•vany thiusf <if 3Ir. l^o^c ivi: A that
L
Ki ibe DOttell you, she would do as
me?
fk^ did offer mc this ; that if 1 would
Wver anv met'tiii^'-, slif woiiln coii-
IPlagh litie' w:is n<tt tiien;.
U.f/bo didst thou icll a thinp^ of this
ff^tif to Mr. Smith, aiul that Ciuld-
I it first to that Mr. Smith.
VIkb these witnesses ant I thin^
bs dondfLl never put any j^cat
tttMrn ThttK come to serve a
[SSS
turn, and never make any discovery till you
are taken.
Ros, My lord, you may observe it was her
common practice to convict upon a report,
nor havinv any eye or ear witness. —
L. C. J. Well, I will observe what he has
said ; but I tell you what I think of it.
Cart, 8he has asked me to do it several
times.
X. C. J. AH that I can say to it, is, it seems
she looked upon thee as so very a knave, as that
thou wouldest have done sucfi a thing* ; and, it
may be, she was not mistaken.
Ros. Then call Mr. George Norton. [Who
appeared.] I call you as. a witness, to declare
what you Know of Mrs. Smith's importuning
you or any one to swear c^ainst meetmgs.
Norton, Yes, she has oftcretl to swear,
but 1 cannot say with him ; for 1 was not pre-
sent all that time. All that 1 can say, is, that
she owned she was never at Mrs. Batboe's
house.
L. C. J. So she says still ; and it agrees
with all the rest of the evidence : It was only
hear -say.
Ros. Then pray, will you please to callJohii
Holison ?
L. C. J. There he is : what say you to him?
Ros. My lord, 1 bring this witness to testify,
that Mrs. Smith swore there \\ as a conventicle
at such a place, when there was none.
Hobson, Sir, there was none since I came
into the house, to my knowledge,
L.C.J, What house?
Ros, At Mr. liales's ; she swore there was a
meeting upon the 13tli of July.
Hubson. There was none to the best of my
knowledge.
Just. Withins. We must not convict people
of perjury upon such evidence. • Indict her of
pcrjurVj'if you have a mind to it.
L. C. J. 'Where is the instrument-maker f
Atkinson ? Bid him send me his book. [Which
was done.]
L. C. J. Were you at every meeting always
that he preached at ? — Hobson, No, my lord.
L. C, J, Then there might be many meet-
ings that yon do not know of ?
Hobson, I live next door to this Mr. Hales.
L, C. J. You used to go frequently to hear
3Ir. Uosewell, did not you ? — Hobson. No, Sir.
L. C, J. [Having fooketl upon the book.]
Was there any meetmgthat you kno^v of, the
l.'Jthnf JulyV
Hoh.'U)u. \one there ; he lives the next door
to me,
L. C. J. U'as there no mettinf/- no where
there -awa^ ?
Uohsini. Not that I know of.
L. C. J, She swears to that day, at Mr.
Halfs's.
/i<).v. Ay, and to tho very place.
• L. C. J. Do you know oiu.^ Hodgeson ?
Atki/ison, ll'is Hudson, loy lord.
Hohaon. No, my I'inl ; J do not know him.
L. ('. J. ^\ovv \ou ever at his house at au^
meeting ^
SeS] STATE TRIALS, Stf Charles IL i6S4.«-7Wc2 of TImm Ibm
Hobton» No, ray lord ; I never was at any
aieetiiig thefie two years.
Rot. He liTes next doorto the house.
L. C J. There may be a meeting next
/door to my hoosetwenty times over, and I not
know it.
Ros. Then, pray, call John Crook. [Who
came in.] Pray, Sir» do von know whether
there was any meeting at Mr. Hales's the 13th
of July?
Crook. No; I never heard of any such thing
bat what was according to his own use amongst
his family. I liye under his roof, and never
yet did know that.tiiere was a meeting there.
JRm. Pray, call Sarah Whibby. [Who came
in.][ I desire she may be asked, whether Mrs.
Smith did not swear there was a conventicle at
Mr. Hales's the 13th of July: and whether
there was any such thing ?
Whibby. lliere was none.
X. C. J. That you know of, you mean.
Whibby. I am certain of it.
X. C. J. How came you to remember the
day particularly?
iVhibby. I can tell you by a very good
token ; because the chimney of my honse was
on fire that day.
X. C. J. nfow do you recollect it was the
13th of July?
WhUfby, Because there was a neighbour of
cur's, that is a waterman, that was sent for to
wait upon his majesty ; and I went that day to
call him to quench the fire ; not finding him at
home, I went further to call more help.
X. C,J. How can you tell that it was the
13th? It might be the '^Otb, for aught you
know.
Whibbi/. No; it was the 13th.
X. C. J. How can you tell that ?
Whibby. Because tueie was another meeting
on the 2ath day, for which I paid 20 shil-
lings ; and I can remember my chimney was
on fire that day.
X. C. J. \Vhat day of the week was it ?
Whibby. It was Sabbath-day.
X. C J. Why, if my chimney was on fire
the 14th or 15tb, it may be I can remember it
a little while, but how came it that you do re-
member it so long ?
Whibby. ItwasthciathofJuly.
X. C. J. How can you be sure of that ?
Whibby. Because it was the Sunday before
the meetinff at Mr. Bowen's.
X. C. /. Where was the meeting that day
your chimney was on fire ?
Whibby. I did not know then ; but I knew
since,it wasatMr. Hudson's.
X. C. J. Then you have been instructed
about it. But pray do not think you come hero
to serve a turn.
Whibby. It was at Mr. Hudson's.
X. C.J. Was there a meeting on the 13th
of J. sly?
Whibby. By relation there was ; but I was
not at it.
Ro$. My lord, I bring her to testify there
was no meetmg at MrTiiales's that day.
X. C. J. We know wellodough
linff saints can lie.
Whibby. I have answered the tr
I know.
Ros. I only ask her about Mr.
X. C. J. Sne shall answer sdch
the court shall thmk fit to ask her
Rot. How far is your house froo
Whibby. Next door.
X. C.J* How far is your houi
Hudson's ?—IF*t*5v. A great wa'
X. C. J. Wasit half so fiu* as'
fetch the waterman?
Whibby. That was but three d(
Mr. Hodson's is half a mile, I
mile.
Rot. Then, pn^, call Anne Cc
Just. Withint. Well ; what do
JRoi. Mrs. Smith hath sworn, tf
a conventide at Mr. Hales's the 1
I desire to know of you, wheth
such an one, or no?
Coliim. The 13th of July then
Rot. Upon your certain knowlc
CoUint. Upon my knowledge
none ; I can justify it.
X. C. /. Not there you mean, at
but do yon know there was an^
else?
Collins. No, not to my knowled
X. C. J. Do you know Mr. Ho
there any there that day ?
Collins. I know one Hudson.
X. C. J. I thought you liad sail
Collins. No, it was Hudson.
X. C. J. Was there any convei
Collins. I cannot tell any thing
Ros. Then, pray, call Sarah
Susan Bathoe. [Sarah Bathoe a]
L. C.J, Well, what say you to
Ros. That wliich I call Mrs. 1
to pro?e that Mrs. Smith was mi:
she swore that Mrs. Bathoe pen
venticle at her house the 20th of
which Mrs. Bathoe was convicted,
lier appeal.
X. C. J. You do mistake, Mr. R
says, that Bathoe confessed that tl
a conventicle at her house, as she
Bathoe. She has convicted me.
X. C. J. Ay, but it was upon
sion.
Bathoe. No, I ne\cr confess!
thing ; for I had none there at t
did confess any such thing.
X. C. /. Had you ever any c
your iiouso ?
Bathoe. Tliat is not it that I a
to now. I desire to be excused frc
that question.
X. C. J. Then I will not bcliei
talked as long as you preach.
Hot. There was an api>eal t
lonl.
Att. Goi. She is not a witnes
own ease. It would be a fine tl
4
fiSS ] STATE TRIALS, 36 Charles II. 1 684.— /or High Treason. [9SS
womaii's story slioald pre? ail here a^iiist posi-
tive testioiooy. [Then Susan Bathue came
kid
Im. Mrs. Smitli hath sworn, that Mrs. Ba-
Iboc had a couirenticle at her house the 20th of
Julv.
L, C. J. No ; she only swears thai Mrs.
Bathoe coalesscd it ; hut herself was not there,
Jtof . Did you confess it ?
JLC. J, So matter what she says; it all
l|ieu with that testimony that she has now
givefl : tills matter, it seems, is depending^ u|K)n
SB apfieat, and so she testifies for ficrsclf. And
vkra I ask her whether she ever had any cou-
Itsiiile at het bouse, she will not tell me ;
vbich induces a suspicion, that she does not
MM fi>r a fair pur^iosc, but only io serve a
Bm. Pray, Mrs.8usanBathoe, was there any
Wh coorenticlcff ?
B§tho£. There \«as none.
L C. J. Why, I tell you, you mistake still,
k Souih swears that Airs. Batlioc confessed
to her, that she had a conventicte, but slic
she was not there. And take all to-
fHho', Ktring' she will not answer ^Uieihcrshe
OThad a cum enticlc ; and so it may bo «nily
tMake just nf the day : or she might teU Ikt
i^Wany thinir Appears; and for oug-lit 1
%■» Hales has had convent id cs : and what
Mtti to the purpose of \^hiohyouarcac-
Mai Call Mr. John Feme. [lie did ap.
fnr.') II7 lard, I desire 3Irs. llathoe may
MtfiiMaT.
jCC/'Let her stay then. What do you
olAiijaiafor ?
Mm, It'ntty |>ri)\eslie has compounded ron-
Pray , Sir, citi \ ou know whether !\lrs.
bath e«iiiipoundt'd with Airs. Bathof,
conviction, to set by the pruseciitiou ;
fliHn. Isathoi* was prevailed with so to do?
hrme. >1r^. Fiathoccauic t<i me nboiit r. or
■4ysaj^i ; s:iys she, I niiist *^v\. you to *^o
^■t to the Ht^cunlfT's. I uiu pi-i>ini?(-'l ruy
S again that was paid upon il:o ai»rM'al*l
t. I wasi j^Iad to hciir it, and w:iit with
ht\ UH'time appointed ^as five or six o'clock.
IvMthi-it: a little after tive ; and Mrs. Hmilii
maot there, thut was one uf the v> itue^scs
i|lB her c'jrivictioii, Eli/.ubcth Siiiilii, for \
, Britd her with a notice to att( n<l the Ui.-forucr.
Vcvcre iIktc a second time, al the Bccordor's
teibrralHim si\oVlock ; «he w^usnot roiiu*.
W«mfited hard by, an>I wr-ittii thi:d Liinc ; ai.d
iiilbevi -IS iht-ix-, ai'd <lcsiped my sister lo *>.-
btrthkt she wa^ r.otthcn- ctulirr; but she
ilMldouU but she should have hrriMUTicy ;
to *e the Recorder. Mr. Utrorikr
liifRcral above with him. We waited an b^iir,
Witfif. Mrs. Smith went up and my sis-
wot up w'tiii her, or ti^llout-d her: uii«),
ilheRcGonler to her, arc not \ou ihu
npnthitwas %vith inesuch a lime, with .Mrs.
■■»? Yes, Sir, (says she) I was. Says
WkMmifle vu.maka surji haste away P
I
Upon that, Mr. Courthopc steps forward with
the l>ook ; Sir (says he) I have paid it in to the
clerk of the peace, Thtm, says the Ilcconler,
it is out of my hands, 1 can ^o no further:
but promised a1\erwai*ds to speak with sir
William Smith, the chairman of the sessions,
about it.
L. C. J. I can make nothings of all this.
What a business is here !
Feme. 8lie seems to be a rash woman, ready
to swear any tiling;.
L, C. J. Oh dear. Sir ! and you seem to be
a grave, prudential sort of a man.
Ros. If she did not swear that this nieetinnr
was at Mr. Hales^s, why was he convicted for
that meeting P
L, C. J. I know liothing of the conviction
at all ; it is the first time that I have heard
of it. ,
Hos. Then if your lordship nicase, we desire
to have the rt»coril of It read ; here it is.
L. C. J. Make it appear that she sw ore, and
that what she swore was false ; and then you
say soim'thing".
lio:f. We desire to 'have these copies of re-
cords read. Here it is ' per Testimonium
' Kjizabethflc Smith, or per sacramentum.'
L. C. J. Prove that she swore it.
Jio!'. My lord, v.'o had a very gracious an-
swer concerning the petition that my poorT^iii:
delivered to his sacred majesty in reference to
her coming to me ; wliir!i his majesty granted
with a great deal of compassion. He remitted
it to your luixlship, and your lordship did second
it, for the having the use of what records should
he necessary for my defence. And tiponwhat
application \vc made to the Attorney- Genera!,
it WHS readily granted: but for the searching
of the records, we ha\e desired the Recorder,
an- 1 cannot have it.
L. C.J. You are much misinfiirmed inthat
I will tell you ho'v it was: Yom* wife und A
yoiM'LT niau came to me, a matter of a fort-
niglit ago, and did tell :iie. there were srver:il
■ree:»ri!s, thiit wen* necess'oy for your de/eiu'i-,
ami iln* iKv-'ircKr refused to let > oil luMceopiis
(»f liieiu. I toI:t her then, Codtoiliid but thut
\i)U sliouM h:i\i* .-ill manner of helps from n-
eo;<ls, that wrre neccssriry for your trial ; and
thereiipoii I did ivipiire my brother Jeiiuei\
who is Itf^cnrdcr, to atteml to shew cause, why
Ih* did refuse tv» Ivt ymi have any records thai
\«iu til'. light iu;.'ssary for your defence: Ami
lu y-avi' uietliis li»r onWerj'lliat they were w.-
<!M-.l>«.-.l e«>nviciiuns, :ind were retuvn«'d to the
si'-.^i'Mi'" if peace ; some toSarre\ , uiid soiiu'
into ill.' lloi'X, ami svnue w.MT ill "lu; clerk of
ilir jj- ;•.(■». S hands. *\ hereuji.ui I told your
\ni*» . it *:he woulil iro to the i l(il» of tli*' peace
t'Tecjjiiis of the re< ordf;, iftht-v i!id not reudiiy
givr \(»u eopi-.s :'.lj, our eliaiiie, I uoiild make
tluiii ilo it, if .siieVaiiM* to eomj'i;i:ii to me;
and it' tiny would not, I would l.iy tiieni by the
heeN. \\ ln:ii in\ hiolhi r J«-mier e;iuieto' nie.
said 1, I hi'lieve that which they have a mind
to, is to know upon whi»si' testimony the con-
victior.s arc made. -Novy that is tio part of th#
U
9S7] STATE TRIALS, a&CaABLis^lL iSU^—THaU/Thomat Rt^twrtl,
conviclioa ; tnil tlitl we tbought ouj^ht not to
lie grautei). Sqt in there any law tor it ; for
that is to open a way to tite taiupi^ring with
the kinr> W]lni>s^!!^. Ailcr ihk, theSre i»ii«t
Mr. WaTlopf that came and moteU the court of
Kingf's Woch about this txialtfr ; aii<i we jLfavc
hitn the Rame anstver, that for any one to dls-
«0f erthe k\»^*ti j^iUicssw beibn> thc^ eorae to
trial i^as not to be allowed by law. If Mr,
Attorney had come here, arwl wiid, pray, gi*c
IIS a list of all the witiu'>ses that Mr. Hiosewdl
will oiakc use ol* at his trial ; we shouM have
denied his niotmu. <jihI Ibrbid l^ut that tlit;
mritoesses you brio^ sbouhl be heard ; and that
tlie witnesses they brin|^fihoutd be heard ; but
Hre tnuRt prevent tampering wilb the witnesses
on all sides,
Boi, If the wilncases are snppiTssed, it is
inpoiflsiblc to encmiiiter their testimony.
L. C.J. What do you roe^ia by snppreaaing
the tvitnesses ? They are here proilured*
Mm. Their n&mcs, my lonf, upon the records.
X. C J. Their nanica are never exposed, nor
«uffjit to be.
nv$. >ty lord, it is that which must enable
Ave to mal^e my itefcnce. If we could have
tlieir names, w% CMilA prove them peryured,
L, €. J. It c«DDot ne by law. Yon have the
wine benefit that all the rest of tlie king's sub-
jects have. If any one be convicted of trcasou
by witnesses (twenty in number) we never
^iter them upon the record ; and ti* any be
aeijuittcdf the testimony of the evidence upon
that a<Mpiittal is never entored upon record. It
may be in your matter^ it was not upon the tea-
tiiiinuy or wUnesst!s that the convictinii was;
lint upon the notoriety of tb*' lact, ur by con-
Cession, as in the cuFf t»f Mrii. Bathot; ; that
was by confession, and wrtne«»soiJ. Th<- noto-
ri<*ty of the fact» or tlie coutes«>ioh oftUc piiiiy,
are oU, and each of them sufiicicnt to make a
er>nviction by record. Yon have tliesnmo li*
bcHv that every sidijecl ha«.
ifojL MrCourtbopeisthelleeovder^s clei^^
that saw the convictions in the tieiL of ll^
peace's hand*
r.. C. X We cnnnot tell tliat, without tjie
rli »k r»f tJie peace was here,
lioi. Pray where is Mr. Charles Walker?
f He appeared »] 1 desire you, hir, to testify
whftt yrju know conccToing the coiiviction t»f
l'fi/alnjth Smith upon Mr- Hates* for a con*
vtiitic'le at his house the 13tli of July.
llV*7Axr. You had a copy of itftom the
clerk of the jujace ; 1 made it out.
Rom, Of Mr Hales and Mra, Bith'^e, do
you mean f
Wuikrr. No, only of Mrs. Batlioe.
Ein. Then 1 suppoHe we may have it; and
thi^ clerk will testify it to be a true copy,
IVnihrr. Thisi<i a true copy.
L. C. Jf, Then tualte what use you plra e of
It W ill yon Iwive it read f
l?oi» No, my ford, not yet, If your lord-
shr- ; ' - I'desire Ktchord Drew may he
* u I we ver, if your lordship w%U let
\kiw. .v.v> .iiui paf!!t>j^e in it^ that 1 ctiuaoi so
pt^
so?
would
>k t3fl
well read, it is ilk court b^' ^
Crown reads.] * Memomi
♦ ralem Sesi^ionem pacts pro Loin Muhl ^r\
* timo dieOctobiia, tricesiino sexti»» \c.'
L. C. J\ What do you make from t!j
Here is a record of the conwction^ which sayi
tl«it by two eredible w itm^scs^ unCi the no-='
toriely of the fact she \iascunf icted
Ho*. Pray call Rieh«t.l Ih.-.* rvviro
came in . T PVa y Hi r, \v 1 1
M rs , 8mit]i *s prat-tice in n i
Drrw. Upon the lltli ol July iiLst tbi
was an aei^uaintance of mine, llj^t «ho did
tend M'as at a moeiin^
L. C. /. Who was that that did pretend so ?
DretP* Eli7iibeth Smkh ; and vtie would
have bad some money of him. He eaoM l»
\%ye^ atnl asked my advice. Yes^ said I, 1
)ou lijul better ^ive her money, than to
the ha/.ard of swearin*^ a^atma you : So
did» He took roe alontf wiiii him to a
where they were to meet, where she tnolt
shillings, and pr<ocaiscd lie should come inti» oa
further trouble »1>oat it r
X. C^ J. Hail he ber ii at a eonventicle or not t
.Dreii'. That 1 cannot say.
L. C. J. Do you believe lie was, or w ;w!
Drew. My lord* I eaaiMit say tliat he
or was not.
X. C J, But that IS not the nucKiian I ajiJi
you : for you would not penwifwie him to ~
her money, if he had nothi-eu al a coiivvtil
Drew. My lord, 1 did not know whetliar
was, or was noL
X. C* J. I ask yon agpain, did you believe
i;i as or was nt»t f
Dreu\ I believe he mif;ht, by hJv >- ■"*
wilhnjf to take my advico ; tbouf^'h
was a base thing to give her any moii:
a matter.
Rat, Prav, call James Howard. __
L. C, J. There he is ; what would you Iti
with tiim.
Ros. ^I> lont, I crave leSTi* Hrst to ntik M
tress Shaft oe ; Are you Mr HiUonn wilbr
Smith. Yes.
Ros. Then 1 desire IVfr. Hmvard may
what he know s < " (♦listrtss 8mi
But Hrst, wlii* ire you ,*
Smith, GeOP^r nniu* s.
Hoi* What then do you know df her,
liofuurd. r was once drinking a cup of
ill Grub-street, where she did lake a parcel
money in the concern of the king, my loi
X, C. X Prittiee, speak up : In w hat
cem P
Hofwtitd^ $1ie look a bribe in the eoacem
tliekin^.
X. C.J. What dost thou me^m?
liowwrd. Uf a person that had breti H
meetina.
X. C. J. Priibc5e, what bribe wan It T
llouard* About II or 12 siiillinys^
X. C- X Prithee, of whom was it?
H ' 'I* he man t never saw, vm
woiii 1 came in by chance.
X. V . .■ . . *v V ioo^ ajio \%\Sx\& ? ,
^29} STATE TRIALS, SG Chari.es IL J 6Si.^for High Trtifsom
HoKCTxL AlH>ut the middle of July last.
L» C J, Who ditj you di$cor«r tbis luttlter
Homnrd. My lord, I was only drinkiiifT a
oip nf ale ; ami 1 disecovered it to Mr. Dreu ,
wmat inillcd last.
Jl C. J, Was Mr. Drew one o£ them ?
HcnrairJ, No; Mr. l>rew 1 tirii nciitiainted
; tie is 111^' aeighboiir.
L\ /. W lieo were you at ckurcU last ?
tfc«K«rt/p The last Lord's day.
/*, C. J, WbettJid you receive the sacra-
tiarard. Hy^ord, t ocfCf did* We have
10 piiri»fa -church at pn^ent ; it is now *-
kidob^.
/* €, J. Where do yon live?
Motparti. lo Mugwell street.
L. C X Uaie you no {>ulilic preaching' in
isb?
I do hear Br. Fo\*ler, and Mr-
too, eotnetiiues.
That is» V hen there is no eouveu*
ipose) iu the way. That Mr. Hinytliies
dwler are both very well known,
t$ Mr*. Anne Farry here ? [She did
ar ] Pray call Mrs. Anne H i^jjirenson.
Aneai>t;d. ] Do you know Mi^. Shaftoe,
ridtoB* as fihe is called ?
M y lord , 1 ha v e v cry Uttl o kno w -
a^it ber ; I Itave known her hut a very
litil^.
.Bail What te^^timony can you give of her
CUBWIMlJiOll r
Bm$auon* Smoe I have known her, 1 have
h^xmmmt lil thinga of her : iiut 1 cannot
9ptak to any thing^ of mine own knowled^.
X. C J *Wfi\% so jieople may say a great
■M8I i^fyou that you do not deserves
nartih iiii^ of.
Hm. Call Aane Carter. [8hcdid not appear.]
Idatie sir John Talbot would please to fie ex-
Mt appear
J. C. /. Here ts sir Jolm Talhol by nic.
iKof. Sir, i desire you would please to testify
tslhr court and the jury what you know con-
' '•' ■" -iventation of nui^tress Sbaftoe^
Mrs. Hiltno.
.-„.. .».iA>£. She was a aenrantt that
my bouse a great many years ; but I
t tise to converse with her.
^Soi. No, Sir John ; but what do you know
' her conversation while she hved in lOur
wumf
% /. Tafbot. AH that I know of her, is,
ifce had nov^y good character in the family.
L (', X Do vou know any thing of your
«wnk ■ ?
Sir As to any thin^ of my own
bowknigf J I cannot speak ; it is all no other
in hiear->«av from all the family.
. C. X But I ask you what you know of
r own knorwledge, Sir John. TeU us tl»e
tlUr* vnii yOUnilf kuOW.
It was the complaint of all
l^le house, that she was guilly
^ ttihay to and stories io the taimly.
Jloff. Was she reported in the family a Ire-
tjuent lyar ?
Sir / Talbot, She had that cha^-acier in tl>c
family; all the servants ('omplaimtd of it. I
only inow of other ihinj^s siuce she v% as gone
out of the family ; and lliat she has been coo-
cerneil in an odd sort of practice<» about at-
tempting to steal away a younof lady.
L. C. J. Do you know of a of your owa
knowledge f
Sir X Talbot, I had it frotn herscH; and
upon her own af&rmation.
£. C. X What wtt» that ?
Sir J. Talhvt^ It was alnjut the practice that
had beeii set en foot of chL^atinq: people of
raone}' for procuring Ibrtuiwis ; iiuriiculariy
eoncernincrltie daughter olone sir H airy Jones.
And there have a great many gentlemen Inrca
abused about town in that 'matter, and made
beliete that this woman had an interest in her,
and would put this great fortune into their
hands : I have not been privy myself to a»y
of the negociatioos, 1ml 1 have understood
iherL* were such practices; there was one
Salem and she that wei^e engaged.
L, C. X Look you, sir John, Do you know
this of your own knowledge ? For %ve must
not hear evidence to take away people's repu-
tation by hear-say : If she hnth confesseil
any thing* to you, you may speak that, and
let MS know it.
Sir J. Talbot. My lonl, if it be not too long
to give yon tlie circumstances how 1 came to
know if, [ will tell you what 1 have been in-
formed about it.
X. C. X No, that k not evidence, sir Jolm ;
unless you know it yourself, or had it by her
confession.
Sir X Talbot, IMy lord, I do not come here
as a voluntary evidence, but I am here called
upun. And J "in v lor<l, I think I ought to give
my lestiinunv, Tlu ntan's hie be concerned.
J., C. X iind s^ ought %ve who arc upon onr
oatlifj, to insist n^m it, that you give legal evi-
dence, what you know of* your oivn know-
ledge ; and 1 ask you here again, whtdher
what you relate he of your own konwledge,
or what was by hear-say ?
Sir J Tot hot. My lord, 1 had notice sent
me by a letter, That there was a gentleman
come to Thistlenortb with a coach and four
horses, with a design to steal Mrs. Jones. I
cannot ftemembcr vmether there was any name
to the letter, but soch a letter was sent, and 1
was to inquire about it of this Ellinor ShaiV>e,
who was engaged in the design. I sent to
her to come to me, and she did come; and
told me that there had been such a practice of
one Salem, and she would bring a ijentk'man
to discover the whole business, and she did so ;
and brougtrt this Hilton (by whose name, as
her husband, she owns hersett^, and he came
to me, and gave me a note of several gentlc-
men'.s names that were toaccrticd in it j and,
t behcve, I have a book wherein their names
are, 1 then asked. Why she did let it sa
long rem, and the busi&ess go oa »a ^ ? Mr.
931] STATE TRIALS, 36 Charles II. l684.— TV-ia/ f^ttomai Rauwetl,
Hilton did confegs, that one particular fj^entle-
inan had been kept in treaty, who was a coun-
try-man, and came to live ui town, and was in
town the greatest part of the winter upon this
de4>!vii ; and did walk that way, expecting' that
this Nau Carter should hrhigf clown this Iieiross,
eto that they mitjrht have an opportunity to steal
iier. Mr. llihnn had no otner way of an-
phmtion to me hul by this Shafloe. ; and he
(lonfissed himsflf, that he was a party con-
cerned in tho dcsif^ii.
L. C. J. Ay ; but what did Udton*s wife
say ? For wli'at he said is nothing^ to the pui-
jioso in this point.
Sir J. Toihot. 81ic is one that I had no com-
munication with, nor couTcrse, while slie was
in my tamily, othcr\vise than as an ordinary
servant ; but this same Mrs. Junes was my
ward.
L. C. J. Did she confess she had any desi^fn
in this matter ; or was to have a reward tor
scttinfijf the matter on foot ?
Sir J. Tulbat, \o, my lord ; she did not
particularly confess she had any hand in the
desii^^n, but it was that which several other
persons have come and inquired since of my
tiinuly abiiut ; who have told me, that there
ivas one Shafto^, otherwise Hilton, that was
cpnccrned in it.
L, C. J. That is no evidence, Sir John, 1
inust tell you again.
Sir /. Talbot. My lord, I cannot make the
evidence otherwise than as it is. I tell you
>vhat I know.
X. C. J, You understand yourself so well,
sir John, that you know it "is not evidence ;
;ind you arc not to talk of what other people
havetoid \ou.
Just. }i'Uhin$, How long did she live in
your family ?
^■ir J, Tfiihot. I cannot tell how loni^, my
lord, but 1 believe she was there ten yrai*s.
Just. Withins. Th^t is a strange thing, that
you sliould keep an ill woman so long.
Sir J. Tttlhot. My lord, v ilh your permis-
sion, she was a S'jnant when thi't child came \
to me, )ind when the mother died ; and my I
wife did not think tit to put her away ; s<i she
came and staid v»ith the child as lonp^ as my t
wife could keep her ; but at last bhe did fa. '<
Oitnit ditfei'cnces in the family, lies, and stories, !
and was found to be a pers«)n not fit to live in {
the family ; and therefore my wife was afraid '.
to keep tier any longer and put her away. j
£. C. J. Well, i\lr. Rosewcll, have you any I
other witnesses !*
Ras. Pray call Anne DilUnarham.
J.. C. J. \Vell what do you ask her P
. Hot, My lord, I bring this i\ it ness to prove
coneiTo-ng Mrs. ShaAoe, alius Hilton, that she '
off CI ill to sweur against people, as being at
Vou\t..itiL'!e.'i, uliom she had never seen.
DiiUngham, ^9^e lodged in my house, . iid
is a VfM-y ill woman ; and asked nie to hwcm *
^ racetiugsthat 1 nevtTrkncw anythimrof at
•U in my life. I never was at meetings but \
l^lmt thvteoii yoar^ a^ { asked her why I J
should s\vcar, or what I coold swear to ?
told me, 1 should have a share of the mi
if I would swear to what she said, whet
wore right or wittng, 1 should have a slia
I would but swear.
L. C J. How long ago is this ?
DiUingham. Two years ago.
L. C. /. Who did you tell this to first i
DUlingham, My lord, I am subpo
here to give my testimony.
L, C. J. That is true ; but who did
tell this, that you Ulk of first to ?
DUUn^ham. My lord, I never told it t
body but her, except it was to my own
banil.
L. C. J. But why would you keep t
a secret, and not tell it to any body ?
Viltin^ham, Why, my lord, Tdo not i
it for any malice to her jat all, I assure yo
L. C. J. Where do you live ?
DiUin^ham. In Long- Acre, at the Gn
Ball.
L, C. J. If you live in Long-Acre,
came you to discover any thing of a n
that was transacted at Uotherhith ?
DiiUnghum. 31 y lord, I know nothing
of my own knowledge ; but what she }
have |)crsuaded me to.
X. C. /. But how came she to talk ti
about a matter at Rotherhith? Or, yon to
any thing about her ? That 1 desire to k
and how you came here ?
Dillingham. One Mrs. Peirce, thai
neighbour, asked me what I knew of
andso would subpoma me, because she k
at my house.
L. C. J. How long did she lie at
house.''
DiUingham. I cannot tell ; I believe
half a year.
L. C. J. Well, what iHwame of her ?
did slic U^have herself?
DiUinghtim. My husband turned her
the house, and would not entertain her
cause she kept compnny with a man thi
none of her liusband.
L. C. J. Why, can you tell when they
niarrif d i*
DUlinehmn. She went as the wife o
George IJilton, when she was nor married
L. C. J. How ! Was sho not married i
lJtUin"ham. No, they witc not ms
then. He was not her husband then. '
are a great many of our neighNiurs tha
say more than 1. She is a naughty
woman ; a very ill woman ; if I sliould ca
whore, 1 believe she might trouble me ti
but I believe il to be true
L. C. J. Have you any nwre witn
Mr. Ri sewell 1*
lifls. .\'', II' \ li>rd; hut I hope your kn
will i^ive me icavc to say something t
court aijd jury.
L. C J. Mr. Attorney, have you any
vtitnesses to call tor tbe'king ?
Att. Gen. My loni, we have some
qcsscs to support the credit of thc^e witn
23S1
STATE TRIALS, 36 Charles
that we ha?e produced : But we do not tliink
tbeffe is any »eed ; nor that it is any way di-
Biaisbed by the defence of tlie prisoner at the
ter.
L.C.J, Do as you please, Mr. Attorney ;
fo en your own way ■
' Att'Grn. >o, rny lord ; we shall trouble
TOOT lordship no further with any evidence.
L. C. J. Tlien, 3Ir. Rose wolf, let us hear
vliat you ha%e to say further li>r yourself; for
alltlie wiuifftses ha^e been heard, of one side
ia4 the other.
Mr. Hmttnreil. My lord, and dear country-
noi, who are to hemvjud^ in this cause this
Aiy, what I now speak, is with resjM^ as much
to their precious .souls, who are concerned
cidKr in prusri'Ution, or tryini^ of uic, as my
mfaf<:ty. There is not a man of you of the
'jmy\ thc.ig-h you are stranpfers to nie, but 1
••wl by down my life to-morrow to save
laeof your souls, if I mi^ht bean instrument
Iktffin : How much more then all of them,
i the mnsMderation be taken of the worth of
li inniortal soul ':* Your lordship knows, and
iai teosibk', liow unlit I am now to do such
iflhiof as this is, in the company of so many
laned raitleiiien of tlie loni; robe. 1 ha?e be-
Inttd uready t<io much of my i^'norance in
■^liainf, and 1 hcj; your parilun for it ; and
Ibably than k your fordship, and the court,
fcilkiiBdol^encc tliat j^ou nave shewed to-
MiiiBe in my infirmities. You are, my
M Mil the presence, so in the place of the
niM, the judjii^e and lord of all, at this
«]: \m are Clohim, I have said ye are
«l4; wbMe propei-ty it is to help the weak,
Mi<p«yiMK>nat<r the' innf>rtMit ; therefore I
ttktdki apfilfig-y in reference to my own in-
■wat ii , and niv ^rrat inability to sum up the
fMbthat have bren in this cause. If you will
|M»y m*akn%?NS in competition with their vast
M»m, who arc of counsel for the king^
ipOM mtr, and my i^'norance in the laivs of
^ bntf a:n*in<t their arreai kriowle<lg^e ; 1
«»r4Hii cxniTt lo he overtlirown, notuith-
■»^".'iio . '-e is very innocent, and 1 have
Wit.-* •! i:'.- •ve'Sence of (rod the trulli of
■f bfar: «lr . f..i\ . An'l if 1 were to be calh'd
•iHeliftr *,! i!)/. .J- si C-..d, the jiu|;^re (if all
*fe«th. ''..t-jr.-: I nU .p, I shoiilft ^jieak the
■■^th" ••». i-j; I »?ii'.t, airl .. » <itiiir. fain
•■■fck a lyi iv hfith a base, ami a vt-ry \% irked
fcuff; nadtli-: I " i:*.ke thai liurieth with urc.
•jTrp - \ V.'i 'ill lujis. An'l I ]»i-ay Ciodcon-
'•wth**.- I'l-ntli «n»ucn •'u'nin they have
••!»«!♦•<! .'f\ :;I*ummI me hat thev inav rcpri t
jflkirnin : m hich (I bU>s ' Ind) { l;:i\c pray« •!
■filrsn «ii"-.i il ivs f:ver hiiico 1 was coiifinnl,
I II ill (zikI Willi tiM'i'.s, in rharity to
vr:|.. And ! Wi-lit-ve I ha^e prayed
^^- — Jus maie'^ty in ime wicrk, than tlsi'v
■•^d'/otf ri ;iil il;i:ii' lives, 'i ii''y are n<»t
.■»lia5'<» tr.'euds. hnt his ciKMiiit s in hriin^iny;-
•fclte^atii'Bs against ihosr that an* his inu-,
iMri, asid Innocciit subjects, as I am, niv
pikwnretH.
* M Wre, my lortl, I woukl first observe the
AKsferliis
II. l684.-:/or IHgh Treason. [S34
variations that are in their evidence. In the
iirst place, Mrs. Smith swears, that the text 1
preached upon was the C>lstchapter of Genesis.
And hei'c is .Mrs. Hilton conies, and she swcari
afterwaiHls,thatit wasthe i>Oth ; herein they
\'ary. Then I sujtpose, my lord, if they vary
and differ, in law they are not two witnesses^
but difTerintr so are both of them incredible :
And I thhikthc Statute haw of this land is,
that a man must be convicted upou the oath of
two credible witnesses.
Next, my lord, here is mistress Smith
swears, that these things were delivered, which
are char<!fetl in the indictment, all together in
the morning-e.xcrcrise, in the foi*enoon : Whereaw
your lonlship hns iieurd from several witnesses
(and I do not know one man of them but fears
a lye ; and would have sworn to the truth of
what they have spoken. They tell vou) how
every passage that these people woufd pervert,
must come in, and how it was divided. I hope
your lordship will pardon the infirmity of two
or three, a few illiterate men, that are weak,
and could not so well instruct themselves to
speak in a court of justice upon such an oc-
casion : But upon the whole matter, they give
such an account, all, that it cannot be pre-
sumed, or thought, that they should agree to
speak any thing that was not true. And 1 am
confident, there is not a man of them,'but would
take his oath (as I said) of the truth of what
he has here declared. And they have declared
that there were two distinct exercises, as 1 havo
protested in the presence of the great God.
That in the mornmtif was upon the 20th ot
( jencsis : And the other in the aftiTnoon (there
hi'ing an hour that past between) was upon one
{^articular verse of a chapter in the Epistle to
the Hebrews, quite distinct from the other
tliscourse that was in the morning. She not
only varies from ihc truth, hut also from her
f«>llow-witnes$, that it was all in one exercise.
This I submit to your lonlsliip*s and the jury's
consideration (these worthy gentlemen that
are to judge of niy life and death) whether
they are two credible wimesses thus varying.
Thn-e he several other things, my lord, thai
iKH^ausc of my pr(>sent infirmity, 1 may uot so
readily call to mind ; hut which ought to be re-
c.illo'fand recolhricd, as in reference to the
lirr-Non, w hr.sr house we met at. One says it
was (>:u- ciipt. Dauii'l Wehlv's: .Another that
it wa^ our Mr. Daniel's, l^herein again they
vary ir ''cfi:ivn«'e to the person ; and if they
are'oiit in one thing they may be out in another.
Smith. I can say nothing about hLs name ', I
ncvn* was then: in my life iM-tore.
L. ('. ./. >listri*ss ! uiistnss ! You must not?
inten tuit him : he is upon his dclcMK'e for his
life.
Ko.v. Thru, m\ lord, she sa\s that my text
in the attcriiooti uus u])on a 1*:alm ; and
then.' was no sui'li lliiii^-, as yoin* hirdship has
had il partirnlariy nunW :i|ii)car tn you. 1
have ingenuously told you thu te\i aiitl the
truth : I li:iM> spoki'U it from uiy heart in the
prebvnce of tlie j;i*oat Clod ; and ui»on what
S35J STAT£ TRIALS, 36 Charles 1L i6S4,.^Trial of IHomm Rouwell, [236
occasion e%'ery passaj^e that they haTe wrested
was spoken : And your lordship may thereby
perceive how most abominably they nave per-
verted my words. Now, they having wr»ted
my words that are innocent in them^lves (so
itir from being treason, that I do not know
there was any fault or crime in them ; being
only plain scriplural proofs of doctrinal pro|K>-
positions in divinity, without those applica-
tions that they have pretended to), certainly
your k>rdship and the gentlemen of the jury
will consider what is most probable or likely ;
what they have declared, or what you have
beard from the several witnesses that 1ia?e coiofts
in lo testify concerning me.
My lord, I was going to s^ak somethiog to
your lordship of the great wickedness of their
making the application of what was innocently
spoken and meant, to the late king of England,
and his present miyesty whom I daily pray for,
and always did, whatsoever these witnesses
have declared concerning me. And your lord-
ship has heard my maid testify (whicli I little
expected) that I used to pray fifr the king every
raoming and evening in my own house ; and
God knows that to him I have addressed myself
for him daily: And more than that, she heard
me (when I thought none hot the God of hcAven
himself had heani me) pray for him in my
ck>set. I would desire your lordship and the
jury to consider, whether these are not the
criminals (and not I), that they have ooada ap»
plication of innocent passages, and wrested the
words, that were plain and innocent in them-
selves, to a wrong meaning, to make me guilty
of High -Treason ; apply lug them to his ma-
jesty, when I never uiicuded, or thought the
least of any such thing.
Mv lord, I doubt not but there have been se-
vrruf that have joined in it, that have helftcd to
frame and forge this accusation against me.
And there is that which T suggested to your
lordship in the morning, in the beginning of
this cause : These |>crsunK have not only, or so
much sworn nic a knave, hut a perfect fool
and a madman, to speak such absurd, incohe-
rent, inconsistent, solccistical, and nonsensical
things. I believe there is no man of common
sense and reason, no genth^man that is here
this day, that cum imagine that a person, that
had the use of couunon sense and reason, should
speak such absurd things as these are. Be-
sides, my lord, I ha\e brought witnesses, se-
veral of them, to testify there never was any
such thing spoken by me, as they have trsti-
tied against me, and nilsapplii^. I have like-
wise proiluccd scv(M*al |H-rsuns to gi%'€? evidence
of my usual and constant pracrticti with relation
to the king and govern meui all along, my con-
tending fur monarchy, and against anarchy,
which did too much reign in these late days uf
confusion, which I remembi-r by very sad ex-
perience, though I was then indeed biit a child.
And when I came to he a man, I used always
to observe the .SOtii of January, :uid the 20th
«vf May ; preaching upon thosc*da> s, and press-
in^ people tu ouedicuce : auJ inveighing
af^^ainst those that had acted against their prin-
ciples, and were rebels either agamst his pre-
sent majesty, or had been concerned in that
barbarous act agamst his royal father ; which I
did utterly abhor.
And, my lonl, mcthinks it should have heco
very unlil^ely that a man, that should make it
his common practice so to do, as I have terti«
tied concerning myself, should fall under wch
a suspicion and accusation, as I now am ; or,
that such on one should fall into such a solecism,
as the words tliat are testitied affaiust me mart
import ; it is very unlikely. I leave it to the
great God uf lleaveu to Viodicate my inoo-
cency in the matter ; which 1 do not question
but he will do.
Then, my lord, here are several gentl<
of the church of England, that have
concerning my conversation. They have had
acquaintance with me many years, some of
them near 20 years ; the kast 8, 10, or 18.
They never heard an indecent word, with ra-
pect to his majesty, or the govemmeiit, fidl
from roe; any unwortliy reflection upon either
of them : But my constant practice was l»
pray for hb majesty with all eametlnen ani
solicitnde. There arc several of tbein fan*
tlemen of repute in the city. There era pir-
ticularly two persons, that belonged to an hi^
nourable famdy in which i lived eo mmf
years, who give a testimony what my convcfw
sation there was, and my constant practice if
praying for the king, while I was there. Thii
your lordship, and die gentlemen of the yarfp
have heard aiid observed, I doubt not.
But, besides that ; your lordship and thejnry
I hope, obsen'c as to these people, who nraw
against me, what my witnesses have testified,
that they would swear any thing, and finw-
swear it : and what a character is given can*-
ccriiing one of them particulariy, yourloniihb
has heard from that wortliy gentleman, nr
John Talbot, whose face I never saw befoin H*
was in this place. And by tlie last witnea^
you have a testimony concerning her lewd can*
versation. And siiveral other witnesses pratn
she would swear any thing for them, it they
would swifar fur her. So that it appears aht
would, and does swear at a venture such and
such conventicles ; only unon hear -say, and
mere report : and that she lias taken moncgf^
and made some comp(»sitions too. These thin^
f must refer to your lordship, and tlieae worthy
gentlemen who are of the jury.
Ifthf-n, my carriage and conversation te '
well known in the world) be compared wilk
that character that is given of tliese persons, !•
niiibt humbly submit it to your hinlship, anA
the jur^ , how ihr they arc to bcbelie%cd againil
mc ; and might argue from the incrcdiUTity eC
their testiinuiiy : but your loniship cannot bnlr
remark it.
31y lord, it is very strange, that these t«#
women sliuuld exactly remember these words*
They agree in every paiiicular circumstanco*
I durst appeal to your lordship, and the jnrf^
particuhiriy to thejnry, if now the}" would on-*
m
STATE TRIALS, 36CHAlltKs IL l6u.—f€r High Treason,
r338
ilateke M rapcti upon tUeir notes^ the words
ibiihiT^fo o4le» been repeated liere ; and whtt-
iber tfcoe is any of Ibcn woulil be able to agree
kiitliie|MUtieiiUirwqrds? They have an in*
"'*' t memory, that couM so exactly agree
thnt tbcae wen the i^ords. f do
*usto yuur lonUUip. For, my
n 1 i . f'ss ot my defence very much,
Itely upuii Uie incrcdiluliiy and improbabi-
ft kill evi'u ibf iiupus>ibitiiy of llie cvideni-e
1 tWy ba^** t:tv(*i», I liuiiibly submit it, 1
wy. twyour bnkbip, anil these gentlemoA ;
tlulkai^cH with thtfUt and the great God of
Emtfii, ^]iom 1 prBy to direct ihem. 1 hope
tiiBy will rtHifiuler the lite of a man^ and the
ittirtb of blood. My loni, however I am repre-
waled ih»day^ 1 know mysiLf to be a iaithful
aKt to his majesty ; and to the great Gtid
^ eaieti, wbose I am, and whom I desire to
tfy kid, 1 will now, if you pleaie, i&genu -
■_ ^ ^^-_j^^y crime, if it were any» 1 have
Dtly preaching in my congrega-
liatt,iKilol*yie scriptures, and it b true, as your
Mdup ««ct, the chapter came then iu course
to be expottodcd : which 1 useil to do, to let the
undefstand the scripture, as well as J
I ; lor th« people perish for lack of know-
! ; and it i!i by the kno%vle<tge of Jesus
^ 'i V must come to hit? and salva>
know is life eternal. It has
**^jr lo expound the scriptures to
mf h Ui£ presence of the great God, before
ilapeftk, towliom t can appeal for the
landmiegnty t»f what J «iay,tliat Godiiefore
ibotu we must uilsiaod (all, Whose faces I see
' slulJ meet, und see one another, at the
tribunal)^ It ii to this God tliat I appeal
Itdlhv truth of my heart in these thing;;,
lad, tny lord, 1 shall continue, as I have done,
kMtevi^ God diiiposeth of me, to pray for the
lilriii'} ssof his majesty : my usuai
_ and evcniog^, being-, that. God
rn uim with grace here, and fflory
tJicreafter. And this I shall do by
^'' ^ ' d unto my dyin^-day ; for my
-Mch things OS have been tM*.
i..i^ thi*i day
' lord, 1 have dealt tu^ plainlv ivitb
■irn\ thi- inrv, n§ I ca«. My in-
'..' to leave my whole
'■'■ with tliese worthy
country lilt o<, who, I do not
V i\ jitst rompa*»sion and con-
e, under these circum-
Mid| and to all the cir-
Uicus tlialtuve been made out in this
ttM this Jay.
L C. J. '* ' 'ley, will you please, or
f m1' tht: i i^eli to say auy thing in
ittef ;
^Oen. Bio, my lord, we leare it entirely
r lordiyp.
C. J. GGitlemen of the jury, thif case
k|| bcU a long ttuie ; and, gentl«meQ, f must
liyQu, nob^yougiitlo think time too long
in a case of this nature, wherein the gotcm**^
mentis so much concerned on tli« one sidef^
and the life of the prisoner at the bar on thi
other. * Et de vita hominis nulla est cunctatia
' lOTiga.' I think no man ought to appreliend
his patience too much tired in finding out tlii
truth in the case of a person that is tried tor bii
life. However, gentlemen, by the way, I
cause the case has been long, it is fit that th
should be sonie recollection made of it ;
in order, ns near as 1 can, that I might lielfi
your raemoriejs in the evidence that hath
given, both for and against the prisoner at th
bar ; I would endeavour, as well as 1 can,
repeat at least the substantia] part of it to you |
and in c.i&e any thin^ that is material he onut
ted, God forbiJ but it shouhl be supplied
any one that is able for to give any assistanc
of that kind y for V cannot pretend to be »o eX4
act, as to give an account of the whole eviJ
dence myself But, gentlemen, I must teT^
you it isa duty iocumwent upon the court, i
give you all the assistance that can be in
matter of this nature, and I will do it with i
much integrity, and with all the care and cau
tion of doing no injur%% either to the prtsone
or to the king, lietweeu w'hom we are to be in«(
different, both, you, and the court, as possibU
can be, that there may be no wrong done oi
the one side, or on the other ; and, according
as the prisoner lumsolf both said, w hat 1 sha
!«peak, I know I Kf^enk in the presence of tb
great God of heaven and earth, who is to
the judge of all men. We are upon oar oaths
and you are upon your oaths ', and we arc all t
us bound by our oaths that we have taken, to 1
guided in ibis weighty affair (for so I must call
it) by the evidence that has been given to tis i
this time, both against the. prisoner, and fo
him. For certainly there cannot be a thing i
greater concern, nay, even in point of oom«
passion, than to see any man come to be ac-^
cused of so high a crime as the prisotier at
the bar is now tried for. And he must have a
strange obdurate heart and conscience, tliat
cannot so far participate of tlic comofton sym-
pathy of hun\an n.nture, and his fellaw*Gmt«i
tures^as tocumpas*sionateany one that i
in such cireumstauces as the prisoner
But then, on the other hand, the denials of tha
prisoner at the bar, with all the imprecation
that he has made, and at! the affirmations tha
he has offered of what lie has formerly done|
and all these things of his appealing to
great God of Heaven about his moocency, tha
I must tell you, of themselves, they are not
weigh with you ; for jour business is to ktiow^f)
according to the oath that yon have taken,
whether you have eiidence given to you
(since you a re sworn upon this trial) to satisfy
vou that he is guilty according to that evidence,
^ that if the attirmation of the person ac42
though attended with never so many uap
tious one way or other, be offered to persQiMi^
are in your case, as jurymen, it is not to wc
with vou at all one way or other, if it be o„.^
the atifirmation of the party accused j for if so^
180] STAtE TRtAJLS, SG CiiABLES IL l€U^T}*iat^'I%ammm$meN. \i
I
I
IbMillierttiVfl aid never be anj gfuilty f^ieraon
bftiu^lit W-riifp i»rtv 'mrv wliatCTemer ; or any
Of I any^a<^^i€at, or
be if hisr Q\%n aifir*
mitiilii I iiiii I iiiini, hmtM^ii^ and hii own com-
MtodBltioiis of [itinscir, woutd be nitfiiaii^nt to
■equit liictK iirn\ set aside liia aecu^alioh. ^
tbat hi»w yon arc 10 {(ti accordifi;^ to tbe evi-
dd ~ l. And so are we, a^aicuit this per-
i4K: lV»re you.
<it_!iiHni>°ii^ lamsjlsay tliat it is very unto*
wiird, and, I bope^ by this cause there v»Hl be
ftimmiiig giveD^ at Least, to other persotii:* that
Ibere k&ve \t^n too many notorious tmnB^
grsMOtB of the law in this mcnter of convett^
tidoi. 1 Bpeak that, not to affect this ease at
all; but 1 speak of what the nation haih hail
Intlao woftil ex^i^rience of, ds to tUefiCsetiittouE
meetiD^f thiit tire, and have bec^o contiuiiallv
kept up in opposition to the laws ; and I speak
tiothtn^ a« to the rneeting that was at this time ;
hui I *pcak it, that others may be warnwl for
futiire tiroes ; for always miiiK^hief attends the
nptm and public traoagresaion ot* tiicj law. God
lorbkl, hut that people should uorsbip Uodj
aodserrte him, ai i * their own cf>n*
•cieocies; iberufoi lia been so indtiK
gttA to tbctDf m t<» L : \ t> iiiLm leave to e^xcroi-^e
ibfirrdigioii in othci munnerthan us i^donr in
thecbitrvli of Eugbitd; providi-H ''■ - '
any oirasiou «jC tumuU ; but tli:*^
ahtfir* tive^ except those, of the s.i..., ,..\,
Iteting ttjgethcr ; i^hich yon knoiv the act of
pafkament Imth provided lor. And the truth
of it is, the rta^son of ibe Ltw i* very plain r
For yon all know, who at*e|rcntJlrnKV oi'<]na-
hly f that ibis law^ as well as another law, that
has so great a rehuioii to the cTiS^ bHbre you,
liwes declare, that from I hes* . of ae-
dition and tiiclion rurif eatici i.c clubs
and cabalK of discontented, uic^ui^ir j)eople,
dtaaiTectetl tolhelawsb'Jth of chiin:h undiitate,
Wasllie^rcat mi:afebicf and cnidiLsiuti (fmt W]i«?
tMrOQght upon us, and ivhich at Unifxtli brtiu|^'^lit
IB into thethstmctions of tb« ' ' ^ ,
Gentlemen, I mustt^ay hk lo yon,
tbat wbatsoevcrtlie prisoner «. x.r thinks
Dow> tliat Wcased martyr kin^: iU»arb s the list,
was by such means brought to that bovrid, qc*
nursed, murderous death and (Tud ', 1 cannot
Qftllitl«s«than so, in relation to the persom
that brought him to it, nuder the prtitence of
religion. It was the cry of I'optJiy and arbi-
tnty power, of whicJi he was no way gnilt;\%
tlkuug-b that was insinuated into the rViinds of
•iiiy fieople, those ignorant souls, that wcxe
eMtly £aptrra|ed with a base 1 ye : but th:U wok
lb« I Many of yon/ ' j rm, that
m» Aigy remember ii ": ; and
many oi >iiu mfe« and eami<pi duk jmveseen
and raadlneiiisliiry of tliose times, ami hare
hien so eonTennnt with the practice of thejte
people suice, tliatyou arvabte to make ujud|^*
lacttt in the matter. Ail these sort of ibhigs
wet but pfetmces, and Mr jhcws of djingwous
■ad §edili«tis people ; that which vitis tnoit
tlMgeDoiia to\is»tthftltiiius,ttDtl |.ani apt to
fe will be s^
peop1<i come i*t ■
dition, iti>
Fnr, a rati. ;
It a^iost tiie i
' i of the citshtoTi
the Uiutiii^ any dnim in t
well known these Mr*» Hte
laction* that luit^
lh«re lo in<3F>nse
rillanic3$ cbat tjo:
us we know ; b-
UH into thnt
time^: At:
kiai^^m chain«i,
iron ; and raises ( ^
of scripture-, that were ci i
quite tar other purpof»(!s, i<>
prsf^ices, to make |»oople kih .
aootntnd, itnder pretence of ^/i
tecting the anointed of God. iiut mIm
tbcy tneun byit'^ Prrty, how did lUejc^
come t4» t)\ \: ' : ' ,
pery, whi ;
ntl luannur i»i r* iif^i^i^'ii, tnnu r n
1 1 tut? t^M that you jfrew to !
to-
Ihey cuine all Uito ofhie^ and the more <
va^nttbc ni(»re im trrrtd ; no that
t he bf (^Kio ^\xtu\ I r p ro v ide at^ I
by a seixjud >' n. trdueiiiu^ i
some sort of onler, in i^«t*
jesty (whom I pray God t^
orer IIS ; and sr» ott^lit all U'\
pray), what a uiiM-rabk condith
in ! And I may call it a sr
hvUtiT the re^urpcetion oi
U, - ..,.
SOTS of it V
were the |!i.
Gerulemen^ I
Tnv\ -i, t!):it havr i
king, have {nkvu not ice, that t
. all the tnischief hath lH<en >
Akid iliui the (i^reat iucc^ndiaries of all sorts j
boiliou wr-rp tltr^e. \'^'\\*^ took njton fli
known to you nil, that I must leave to
and tr I - ^^'. i.-i ,j|*ane^ to Ih
case, ' ■ iti!T>; ttM
ibnt t not jibet orassiist in any 1
tii ' , or that is known to her
! 1 they think; far the
M *:pon Tt one f line or aontlu
them prvtetul wbat th«y will, Aa lb at
1
941]
STATE TRIALS, 36 Charles II. l6S4.-:/or /%* Treason,
mi
t1«nan say^, he undertook to expomul, and
teach his people the koowlcdsre of the f lOrd :
the kiiowledi^ of the Lord is a very ^ooA
li-sson to he learnt, and to ho tauq^ht all pco- |
j)le; but blessed be God, we thank him for ■
it, we have chnrchmcn of as gfreat learning |
(without an V reflection upon the gentleman at |
the bar) as lie can pretend unto, and fiien as '
pious and virtuous ; and perhaps we may say I
at this time, with a little more confidence' than
ordinary, that we have as learned a clerify as I
crer was since reliipon was kno\%n within* this ;
kingdom. And, Goil be thanked, these men ;
are not only learned for then\^lves, but they \
exttt themselves for the jjood of others, for the I
satisfaction of that duty in whicli they are >
nnplovcd, by their due and constant attcn'ilancc •
npoD the worship of Go<l, in their places of •
worship, the churches, which are by law np- •
|ioiated for it: and we need nut run nito holc&i, ;
aod comers, and conventicles, and clans, to un-
derstand the word of God, and the practice of
our duty towards him, or towards mm ; br-
caasewe have churches to apply ourselves to,
where we may learn to know God, to ohcy
bin, and theni that are put in authority under
him ; which I am sure is a duty incumbrnt
npon evary preacher of the woril of God to
insist upon, and press, and ur^c. And I am
lure, wnouoever pi^eachesata conventicle, can-
not with a safe conscience preach oUidieiico to
the civil magistrate ; because, while they are
in that very preachin<r, they are actin|>^ (lis-
oMience ajgainst his laws, iii retard what they
do, is against the authority of those law s, under
which they live ; and no man ctm preach well
afifaiost that which he knows in hu own con-
adence, at the same time, he is practising him-
So that. Gentlemen, I must tell you litis is a
wonderful dangerous tliiiiti^ ; and thcrofore 1
give it as a caution to all people to l>eware liuw
tlifv break the lauK, by jjoingfto such meet-
ing^ and conventicles as these are ; fi»r it ivill
hare at the lonpf-run, one time or other, a very
dinsrerous issue. And there Ik another tliiu«^
which is wonderful danuerous too, to see what
shoals and cruuds of i>eopl(> cokiie to thcs4' :?oi1s
Qi'nieetincfs ; people of all sorts of mean tractes
aod professions. And how easy is it, if a man
bis a mind to insinuate into some kIIIv, i^^^no-
rant people, common, illiterate fellows, (hut
cm neither write nor read some of tln'ni, \ it
thereby to feel their puis**, to see whelh'-r ility
«ill swallow down such a thinpr, or such .'tp-.J- {
lenceat first 1* For they dirl not iu the l.-.te |
times bei^a with open reijeltion, and pr(\'t(.'Iiin«f I
the doctrine of deposinjy of princes, t-r hrii-.y;- j
ia^them to the block ; hut tn(*y tht d w\{\\ ^c••
veral previous ways, and as the l>:.it mih!:, ,
lod was snckcnl in, they attcm])tcd to try i'ln -
ther. Tliey applitrd themselves [iiTiUuully
to pursue the temper of their ainlitorv ; ami !
therefore we must ha*e a ijreal drul I'f cave to '
Irerent all such mischiefs as these are for the
lature, that they may pive no eonntciraiice tn
•ich, who pretend to be expositon>, but arc
VOL. X.
very ill ones of the scripture ; and t'lereby
inslil into the minds of men siieh danirerous
and lu-rnirii-us doctrines; that the snipture
may not be perverted, to give an authority t«»
Kucli desp<Taie ihings as these are; for we
have known over and over how easily peopl-j
are drawn into mischiif in this ai,'e,'cvcn by
the very same train that they were in the timo
of the late rebellion.
Now, g'cntlemen, these thingfs being pre-
mised, I would take notice to you, that th«
thinir now before you, is a question of a dif-
ferent nature from what I have now spoken of*
It is not the <]ucsiinn that you am to try, whe-
ther he preached at a conveTiticle or not ? or
whelherthedoinijf of that wliich he did in so
preachiiij;', is ai^ainsl the law or not ; but whe-
ther he did at »fiy nuf'tin*^ (especially as to the
time that is pailit ularly sjiecified) .speak words
of the same suhstaiice! to the same effeci and
intent that are coinpn*'ed in the indictment.'
Forfhouf»*ii he did preach at n conventicle, and
the-ehy did tranpfrrc^s the law : yet in rase
he did not preach to the suh^taiicp' of i^ jiju is
contals:ctl in this indictuic nt that hath been
read uiitoiou, and that I.e is accused of, he
must be acquittcfl. That I mnst dor-lmo lo
>ou iorlaw, as no doidil it must i>p ai'know-
letltfcd by me to he; tlHTelon* you :ire to
take care, upon your ccmseiiMi'.'es, t i try, and
consider whi.-theror no v«:n believe th*^e three
witnesses, that have been produced Ri»;ainKf
him. swear true, orareg-uilty of \^ilful perjury.
For,indo\niri;»ht idaiu Knglisli, they are gfuiliy
of pirjury. if he be not ijuilty of the Worifs
laid in the indictment. One of the two is cer-
tainly true; either they are gf"ihy of perjury,
or the prisoner at the bar is t^uilty oi' tiic trca
sun laid to his change ; I pray Gtuldiivet yoU
in your enquiry ; lor it is a iiue.Niion, 1 must
i.eeds ••-ay, f»f \ery •^resit dirii%-ul{y.
Gentlemen, fur tiic inti'Uti.-n of a man'»
heart] UMist tell \un i[:is tor \ji\\\ us to \\w
eoinpiiv^iitjr and ima'^iuinu;' oi tin; drath of xV.m,
kinjuc, it is not to bo di:.coveiX'd but by sonic ae
tion ; MMue wcird, or o\eri-act, there uiiyht I'C
to interpret the tecrti imai^ination of thelieart.
It is impossible to diseo\er or disirlose tlie iuui-
irinution of iiiiy nni;'s heart, except we Ik* di-
rected to that cliscovcn- by wonis or actions.
Now, jjenilemen, words tliut in tiituiselve!>
\\vi\ bear a jrorid (..(instruction, and are ^uod
words, yet coopled. with actions that are e>ii, or
otlier word*; that are evil, these very word»
may Im' i« di*covt ly of tl.e c»ii iiiiSi'Viiation that
is in a inaii's iuart. As \*> r: j.riSi myself in
a \ciy f-iuiiiiar lixuuii.l" fov tlje perpoct-, that 1
ni-uv niul.c tiiiitosas plain as i oiui. i'or that is
i:i V «lesi4ii. ;uid ouj^ht to be cveiv one's that is
cur.eernet! in &ueh a m.v.ter a:; tliis. Because
we liavc; i.:ul .seincdicourse concerninj^thelat^j
Mrvh.-il n:ariyr kinir i'lu.rUs tlic I'iiat, he uas
here brouiLihi to a shaujbies efju'otice; for 1
cannot e::il it a c<)ui t of ji;- lice, however they
called it a l.i;rh court ; and there w as a kind of
moekerv "r j».»ij:iyiitry of a tii;\l. lie was ar-
raigned* and tried fof treason, aod a new na-
K
STATE TRIALS. 36 Ciiaelbs XL l^Sl.—Triai ^ Thmai fbmwflh [
I
I
■
I
I
tiooal treofiou, oevcr yet invtriitcd aor knovTii of
Wfor^ umoug^t us, irc^oson ogaiasst liis peojilc ;
I gay, noiv and uevtr tliought ot till tbtse lun-
ch erly fello^T^ that sjjruug out of tlj<^ jshattiMc^,
crime to nut it in practice ; ercctin'j w hat iliey
called a »l^U court of justice, but v%hicli wus
truly to lie called a bigii court of injustice ; and
thea* they %vcrc to have sorwe come uud cry
J»i*»tice, juMice, justice upou tlie kiu*f. Gen-
lltmeo, justice k a ^ooa word ; but if ibat
word be usceil and suoken ks it was in that cftse^
m order to bring tlie king to his daitb, that
wbicb was g i^ood word, and if otlitTwise u^d«
had been ti proper woid e\cQ at that time ;
tliat l^^ if Applied to gooil purpose, to set the
kin«j und the aaiioo free ; yet beiii^^ applied to
tlie ill iQ^iu*^ Uiftt sucred martyr to so borrld
and bai'lKituos n dt^atb^ tbttt was plain down-
H^bt treason \ aiid I inaike no diHiculty rn the
world (nor can »ny man tbat UDflenituQds any
thiut^) that it was so by law ^ and it was an
Ovcrt-4vrt sufi3cient!y^ iudicaliug the ioLcntioD
of all [mrsons tbul were therein concerned to
put aud btijiy^tbrkin;^ to utter death and de-
jitruetion ; atid all these fclhm&tbat made use
of that ^<Hxl wonU Justice, justice, pi&iiee.
Were all imdoubtetl Iriiilor*; raukiog use of it
i^r that ill purpose.
GeiUhinen, agkin ; suppose if Mr. Cook
was a mail of luw^ lliut was sulicitor of wlmt
they calltd the commouweahb at that liiue,
solicitor to the state {I only speak ibis to e\-
luin my min<l,) if he coniei* (when ibc kin^
ad just ground to dispute the authority of
that conn of iujuslicef ilutt be was drii-^iTtd to,
and refused to pleml) and docs pray jud;:toc[it
Hl^atDst the kiiij^, as he did , nuditwj^ proved
•thb tri«l, jtidgnient aloue uu^'ht be tlicre
meant :i,s tcntliui^ to c^'^usc the kiiig» us well
%H to wnlcnc* him to dv^ulh ; yet he being theie
prayitij,^judHrinent ii^amst the kin^'. and vvhich
was afterwards at Ins [nay er so i*rofiouurcd ;
that sheweil what his upiokin of tue word he
Qscd wag at tbat titne ; and that tiiade Ijim a
traitor, and was an ovcit*act to discover his
guilt.
Why, io, grntlcioetu I am to tell yon, though
tt»ei<e are wurds that may be used iu a scriptu-
ral wjiy vti'Y well» and to lery jg^ood purpose;
yet if they lie aoplied to a» ill purpo:-je, they
may be u sutfifient indicution of a man's con>-
lia'ssin;^ and imncfinin^ the death ami de^ruc-
lion of the kii*;:^. Therefore, ^utletnen, you
ar <^ <: I. whether if iu thi» case,* he
»-! iirdsj of destroying our ene-
i; .. .lu^ to OOP principles, tliey have
I. Lon to the f Miner words ; and whe-
li _ Lie not expositors of t lie mind of
this pei-^ou, tlie privHM'r at the bar, of eom-
pa.'jirtiig' and Ima^inhi^ the death aad deslniC'
tiou ot the king'; and I do this on purpose to
TDfoind yu'i of what i» necessary to let you
inlo the i]nc$Uon,
Nou for tht: tcvtim©nj agftinBt the prisoner at
the bar y«ui Imve three witnesses. First, you
have >Iv3. 8m lib, she dues directly swear that
$he did ftie^uently, sevual tiiae^, *^o between
t
1
the 13th of July and
hear Una prisoner at it ,
coui'euticlrs or places vi nveetioi^. ^he tellf
you the particular days: J^he tell^t you a» Ut
ehe, thit she heard him the '>Oth of M '
8he heard htm anoiber time Ibo unh of.
accord injj to the \tehl of her rememl
She he ud him aj^ain the 17th of A^
14th of Anarust, the " " ' _
heard btni the luh «
cording to the hestot ui^i
both tells you the time an
heaiil him preach a t il-
that she sayB as to tV
she speaks of the lit: ^ , hi
the tlay to which the mdictment doca rrl
sindlhi!* she tlot-a ftay [Kifiitively, tliat i^^on
iTth of Auc^ustjte pruyed that he mighl
forgivenfor not pray lOLf for the kin^r; ai^d
that she would hate you to uir!
would insinuate, tliat he did oul
the king".
HosoicH [Turning to the Jury.] I made
tif the wonis of 8am neU God forbid tUtt
should cea»e to pray for him.
L. C. X Sir, you must not talk to the
now ; 1 urn direclingof theui«
Rotrttr/l, My lord, 1 beg \onr pardoii|
\vi%ii to set the tuatter right. \i %vus mia-j
prehende^l*
L. L\ J All this is antecedent to Uie
for uhich he is accuaed j and you gee li^
swer to it, from a text ofscriptmi! that 1
to you. which he did not rc^pt at with dit
pray for the king ; but tbat he thought tl
dutV always sa to do.
'then £he 1(1 h you pnrtkcutarly :
time,, which. I think, wii8 at the ho
FanlShed, I caiuiot particularly ten oj
the name, there was a talk of the R
and of the lord mayor of the city of
but that was before'this f nne. And aJ
the first and Uie second witneas, two
more, give you an accnunt though thi
ne\cr there but then : That he began
about the tire, and tliat he should say th<
gr«at man at the coiner of Grace-i
streetf 1 need nut name his name, for yoti
know him very welt ; that he met with a
man, though mdeed he was not a p<H
was n bibuuring man, a carpenter ;
U'gan to talk much concerning the lnt\ aiui
did iiay, that in cuse it had not lieen lor
trej*t man, there had been no ?; '
rein London ; nor if it had i
lord may ors and sheriftk after u . , .
been no ;»uch thing as the 6re in Scuiihwi
andUupping, And I take notice t<; i ili 4
tlie same place, which was Shed*s I
they spoke of, there is Mrs. Fsn«
uhiun diei-e is not the least objection that i
hear oi" ; She agree* both in the circumi
of place and time, and of the words?, and to
diiiloi^ue about Grace- church -street, «nJ
carpenter, aod to the previous words, thai
Avas not a poor man, and the like, and nl
the discouTsa rcUtuig to Uie tires of Lobi
f(5] STATE TRIALS 96 Cn arlbs il. 1 684.— >r High JVeasm.
\2i6
mm HM ivooni ; wiiicn ail tne uiree witne
te jon have beanl, sjieak to ; thoagfh
WMof what I mentioned before, vias anol
tee; And this is at the hou«e of one c
y andWapping, and likewise relat-
ii|ta the lord mayora, and aldermen, and
aerifi; these discourses were at that time.
Giiilluueii, the next testimony you have, is
irthetewitiie9sestbatspeakof the time that
ilia the record ; which all the three witnesses
tlic
another
^ _ jne cap-
Iriilluiiel ; one says, captain Daniel Weldy.
Btf thai it was a captain that was then at sea,
■ ibiB ; for this gentleman bimsdf, Mr. Rose-
vol, does not deny that this \ras at capt.
MlA hoiue ; and that he did pray for him,
■Mv then at aea, and tor all his family ;
■i slftfae witnesses speak to the same time.
Thnsh indeed the first witness did say, that
A»dM not know but it migfbt be capt. Daniel
Wddy; hot she likefi'ise said, she did not di-
Mtff know hb name. But she directly swears
lille ?ery words that are mentioned m the in-
tenent. She does directly swear that Mr.
Ilftivcll preached upon the 21st of Genesis.
Sdwy as 1 remember ; though Mr. Kose-
did tbinky there was a difference between
Atcfidence of the one and tlie other woman
Ami the SOth or S 1st, yet it was only upon her
iHKBbraoce,'ns well as she could, and she
ilMt positirely swear it was in that place,
hUffWifag to the best of her remembrance.
Utkesenond witness, Mrs. Hilton, when she
Itoili swear, she said it was either tlie 20lh
#flil; lot in so many words she did directly
MBviUk he should i>reach, that the people
^ imisillnig to the king on purpose for the
»tf fte king's eiril ; but the king could
it; btit yve are they that the people
linrfi fck to for the curing of all their evils.
Wki «e the Tcry same words in substance
itt atinthe indictment.
lit fciy same words in substance, says
teitfhv,^e second witness ; the same day,
Irttinme place, did I hear Mr. Rosewell
AlMsyi these words; and they co further
M At ssme witnesses both swear, Hilton and
MA, dial Mr. Rosewell should say, we
wicked kings together who
Popery to ct»me under their
ean be compared to no other per-
pt widced Jeroboam. Mrs. Smith s.vrars
words directly, and Mrs. Hilton sa^^s,
mks there was the name of Rehulioam
hut she is sure there was mention
tvo wi^ed kings in the same words as Mrs.
Tliey go yet further, and say,
tkc one and the other of them, that he
W the people would stand to their prin-
faedidnot doubt but they should over-
tficir enemies as in ancient times with
hnnis, bndcen platters, and a stone in a
The two witnesMs, both Mrs. Smith
IS. Hilton, swear to the very words, and
•^tD the sobstance of them ; and if thcjrc
*^tesMneKttle yariancein some few of
V^jOiat win signify notliing, if the sub-
bendes these two wit-
nesses, there is a third witness, I\lrs. Farrar,
against whom (that I can see) there is not the
least exception in the world, if you n^meml>er
any, you would do well to consider of it ; you
may be better able to rccollfct what lias wen
s|K>ken or offered, than 1 can in so long a time ;
and you ought to e*)do:ivour (l>cing men of un-
derstanding, and good onality) to rHrrsh one
another's incnioi'ii*s, and malic what ol>srrva-
tionsyoucan; which 1 perct-ive you ha^e
taken*^ notes about, some of you at least.
She does directly swear as to the business of
the king's evil, the same wonls that the other
two have sworn, about (locking to the king to
cure the king's evil, which he could not do :
but they were the pncsts and prophets that
could cure the maladies of the people. And
as to the second words, she swears that ha
said, there had been two wicked kings that
had suffered popery to come in under their
noses. And sne swears in the third place, that
there was likewise an exhortation to stand to
tlieir principles, and that they should over-
come their enemies. She does'not indeed par-
ticularly tell yon about rams-horns, and the
platters, and the stone in the sling, but only of
standing to their principles, and overcoming
their enemies: Wiiichl would have you par-
ticularly to take notice of, it being the material
part of the indictment to make these words
treason.
Now, gentlemen, give me leave to tell you,
there is a great regard, and very great, to be
had to the circumstances in this case, to see
how far these things are to be tacked together.
First, you rememmsr the witnesses wen' exa-
mined*aprt ; and it does not appear that they
have talked together; and there was all the
care taken that possibly could be, they should
be out of the couil and out of one another's
hearing ; so that there was as much endea-
vour to detect the falshood of their testimony
(if it could be) as possible in any case, ercn in
the very most minute circuinstance. Mrs.
Smith swears, that Mrs. Hilton came to her
house on Saturday night ; that they went to-
gether to the house of this capt. Daniel upon
the 11th, about seven of the clock ; that they
were there before Mr. Rosewell catne in ; that
there was a lower room in t}iehont>e ; and a little
higher thei*c was a little room ; and then tliere
was a room up two pair of stairs, where them
was a bed ; that Mr. Uoscwell stocnl upon tlie
stairs, but they both sat upon the IkhI, together
with one of 'Mr. Rosewell's own witnesiies,
which was the mathematical instrument-
maker, and that he was in a mourning- rioke ;
and that there was particular iiotifre taken of a
pair of shoes given by Airs. Smith from under
the bed to tlie child of tliat mathematical in-
strument-maker ; and that there was nrayer
made tor capt. Daniel, the master of the house,
who was then at sea, and for his child and fa-
mily. There were these circumstances, every
one particularly asked of the witnesses, and
sworn to by them in the very same wonis, the
same manner cd* posture, tbs same thuigs done
247J STATE TRIALS, S6 Charles II. l684 — Trial of Thonm Rosewell, [2i&
huth as to the rnoiu, the bot], who sat upon the
hi'd, tlif moiirnin)^ doke; the plucking off anil
dehveriiicr of the shoes; that I may appeal to
yo.r iiirmories, it" they did not ag^rec to a little
rxiictly.
Thfcii ihcy beir*n to enquire further concrrn-
ingf ctlicr expressions of Mr, Uosewcli at other
times: SoiiU-thiii<^ aiioul people in sirarlet, and
«uiiutii:u^^ iilHiutoantiiiir: And Mrs. Smith tells
yoa thnt hedid speak something ahoutcaii I iny;
ih:a ijo was talkinq^ concerning that uoni ; says
he, I will tell you what that cantins^ means, J
\\t'ntnot joni^ a;^ thn>Uii;'h a cathedral, wlicre
the- organs aie, and there the people were ira-
tlified tui^ether ; and they were sin^^iiifif the
Isold's {irayer, and 1 tlo not know uhat 1 heard
tSu-msiiig/and I could not hut laui^ii out ; and
he hrukc out in hisst^-imuu into a lie ! he ! he!
tlur i- eantinu'. This, they su> , was his e.v>
pivsMun at that time.
V> lull .Ui's. Hilton came in, she tells you
the very same words, even to a very particular
phrase, which I iiad forj^^ot before, that he saw
the men in white gowns thatwerc sini^ing-, und
which he counted canting-. It is very true,
tiiere is no such thinj^ mentioned in this indict-
ra<enc ; hut only it is offered hy the kin>j;*s coun-
srl to shew the temper of the man, and how he
usually used to preach.
As t'oncerning the story of Sampson and
Dalilah, that is sworn by hoth wiMiessi-s, that
Uiere was such a discourse ; for he began to
talk of our king's keeping of women, and lie
hoped they would hring the same destruction
ii|H)n him that they lirought upon Sampson ; he
)iu|)ed it wouhl so fall out with our king. How
far it is true (they both havhig sworn it) you t
arc the judges ; they have din-ctly sworn it,
and to all the circumstances huth of time and
place.
(ientlemen. There is yet another thing that
is material tcM>, though a small minute eirrum-
stance, and that is about this same iViul Shfd,
that they lvi>e spoken of. When the first wit-
ness caiiie ill, he chid her f<ir coming in her
pattins, and bid her pull otf her paitins, ibr
tliey wiaild It-avt^ >ueh :in inijiression there,
that people would he apt In discover that there
was, or would he a nici iin;; ; und therefore
vhc promised, when she caiiu' any moi*e, that
she wouhl he suiv to leave oif her patiiiis. And
il hi proved, that INIrs. Iiiil in and 3li's. Smilh
were in ihe room abo\e, and Mrs. Tarn^rwas
ia tlie r.)om he low, and it d(K:.>> not ap|M>ar that
hhc was actpiainted with tii;.* rest. She had
heard hiui several iimcs. and tiioiigh .she did
not see him thai day, he hting up two pair of
btaii-s hi;;her, yet she sv\ears directly to the
6aine words, the substantial part of them that
Iheother two witnesses spoke of. So that I
Must say, if in case they have contrived this
story to lake away the hfe of the prisoner at ihe
bar, tb.ey h:i\e contrived it with all the dcivil-
i;4iest subLliy that ever any could do, or that
I'ould enter into the minds of any neople. You
are the judges of the fact, 1 pray God to direct
^ tfUi that you umy detect the truth ; Tar bo it
from the Court, or any body, to desire that -
any thing but truth should |ircvail ; fur it were
far l)etter a thousand times that a handred
guilty men shouhl 'esca^ie, than one innocent
man should sufler. But on the other side, far
be it fn»m any man, that is u^Kin his oath to
t\o his duty between the king and the subject,
to he moved hy compassion, or any things of
that nature, to do agamst the evidence thatia
given in ojien court ; unless he lie satisfied that
tlie evidence is falst;. For in this case I say
again, either you niust fnid the prisoner guilty
of what he stands charged with in the indict«
inent ; or else you must fmd these three wit-
nesses guilty of wilful |)erjury : and I pray
Ciod again to direct you what you are to «M
in it.
Gentlemen, as to the testimony that has been
offered on the behalf of the prisoner (I would
follow the same method that has been taken,
both in the evidence given by the king and
the prisoner, as near as we can) : first, yon
have had brought by him half a dozen (for I
would not injure him as near as 1 could om
tittle) that have given you an acc4)unt of « hat
he said at that time.^ There was HudsoUt
Hall, Atkinson, Smith, Hales, and Wharton ;
I took their names, as near as I could ; and ill
these people do directly say, they were preient
nt that time, and they heard nothing spoken of
the late blessetl martyr king (?.harles the finl,
or of reflection upon* the government ; but all
that was said of the king's majesty, that ninr
is, was in his prayer, wherein he did pray for
him ; that they heanl nothing come from Ur.
Rosewell concerning the king's evil in the
maimer that the witnesses speak of ; but whal
was spoken, was spoken of an<ither kiog*, in
relation to Abimclech king of Kgypt. and not-
relating any way to the disease they <&llcomr
monly amongsl'us the king's evil. It istntTy
one <»f them does say, (which is a word thai
has obtained very mucli anmngst some sort if
pciple), that when he prayed for the kingi hn
prayed for his deliverance from evil com*
sellors : and under thes(> woi*ds, evil ooui*
M'llors, and deliverance from them, we knoir
what lM,M:amc of that so oUen mentioned princt
now, king (.*harles the lirst. Under that prt*
fence they would remove all his friends troM
him ; and when he was letl ahme, they could
ciLsiiy do what thc-y plc:usetl with him. Manji
with pretence of great pitv and zeal tor tM
king, cry out, that all that tliey complain of^ i| •
not «>f vihat the king docs ; him they think la
l>e a wonderful guod man ; it is not he, butUi
evil counselhns, that they it-tlet t U|hid ; and
so we must ii,:;ht against these cv il couusetlon^
and when vtx' have laid them iLside, and h«
elands alone, then it will lie easy to ser%e hitt
as they did his father. Whatsoever the pre*
tensions of such words are, we know what th|(
designs oi'the [Hopie, that made thu same liri^'<
tence heretofore, came to; and I pray uodl|^
that there are not the same designs on fbit
still ; nay, that that wa.s not the design of tkii
prayer of tlie prisoner at the bar.
S19] STATE TRIALS, 36 Charles IT. i684.~/or High Treason.
[250
Gentlemen, tbey give yon a particular ac-
connthnw he preacnecl upon the SOth of Ge-
nnis ; and they speak as to the 2cl anil 7th
Tciws of that chapter, and what discourse he
InkI upon them. Bnt truly, it is pi'etty strangle
(as >lr. RuaetvcU himself objecteii even to you
ortliejury very well), can any one of you re-
nipmber so exactly the words that were spoken
u these witnessea have sworn ? And truly he
IKite a very material question : hut then the
qa.^ion turns the other way ; how come all
yonr witnesses to give such an exact account ;
ttil except the second man, wliu intleed did
itimnut a blundei* or two, your six witnesses,
«tn to the texts of Scripture, to" the vory
phrases that were useiJ, particularly to the
woni tremendous ? They arc all as exact its
(30 he. It is strange that five poopje slinuld
■jfree in all the circumstances ; but why should
it not be as much helievahle that throe should
hare as exact a memory as the other five ?
Nay, and I will tell you, what is prett}' stranu^
tool that theiie people must hear, andremeinl^r
just what was said upon the I4th of Septcndter ;
but that which was said upon the text the time
before or atler, that they cannot s(» well re-
member. It is plain, they have Ikm^h dialopie-
io; with one another; and it is plain, that
luoe people can neither write or rcail, nor re-
member, DUt how they shall be sure to serve
the present purpose. 'That seems to carry an
objection in it on the other sitle, as the kmg's
cwDsel say ; and it seems the more reasonable
OD oor side, why they should remember so ex-
actly, as the}' have sworn ; because (say they)
I tluti dav, wfien we come home, we cullcil lor
I pea, ink, and paper, and set down these words.
\ the substance of which we have now hero
suoru : so that that does shew you we had
nason to remember, what we have testiticd
agaiast this person. But what is yet ifreatcr
tbao all this, it cannot be imagined (sviy the
iiio^'ft counsel) that the prisoner's witncs<«rs
are so much to be believed, since they ii^ive no
account of what was spoken at any tiiiic ticfore,
DOT any time since.
Ttieu, gentlemen, there is another reason,
Bvs Mrs. 8niith, I came on purpose to see who
V'as at the conventicle ; though 1 had \iccn at
iereral conventicles before, yet I never heard
meh wonls spoken. Says3irs. Ifiltdn, I v.as
^lad to be gone ; and teils you of her uuwil-
lincfness to btay there, having never he.'U'd such
vuids spfjken a^^ainst the govcnnnrnt before ;
>rjt therefore she set them down imuiediatuly
t^w)i)ii as they came home ; and lliey wmt to-
^Miier to the Bull and Mouth, the Quakers
DKilins^near AIdersgat«? nHcrwards ; and thut
lliatilay, or the day following, they Mcnt to
Mr. liecorder, and gave him an account of
»hat had past in their knowledge. This is the
tQsvverthat isgi\euby them to what the pri-
snr.tr's witne<$sc!; s;iy : hut you are to weigh
this testimony of bcith sides. For I must tell
you, {VfuLh inVn, though these witnesses, that
^ \w tiic prisoner, are not upon tluMr oaths,
}it ihey are as much under the obligation of
giving true testimony, as they can be by law ;
and you ought to have regard to their tes-
timony, how fur it is consistent with reason and
with truth. S4nne things they differe<l in ;
some things they heard in another manner ;
wheihcr \ I iu may believe such things may slip
out of tlieir memories, or how tliat is, you
are to consider of it. This, gentlemen, is "the
first part of the evidence that the prisoner hath
given for himsi'If.
Next, gentlemen, there is another part of the
evideiiCK, and that is fnim the fifteen witnesses,
one Mr. Jollifi', captain <^otton, Mr. Fipps^
Mr. Veering, l\Ir ilitehr«»ck, Mr. Hinman,
Mr. Wanly, Mr Strong, Mr. Cutloe, Mr. Mel-
sain, Mr.' Medhani, Mr. Winnacott, Anne
Broadliiirst, Ann<* Mnuning, Isabella I>icke-
son ; all these were called to his reputation ns
to his behaviour and conversation towards tlie
government. They tell you they have known
him a long time. "^It seems they frequented
the hearing uf him sometimes, when there was
an indulgence and a di«pensatum for such
meetings, then they went to hear him, and
then he used to pray tor the king ; and it has
i>een oljserved, that^ it may be, meeting with
favour and kindness from the king and govern-
ment, he might be very ^^ell pleased with the
kin^ at that time ; though that turned to the
prt;judiceof the govenuuent (us we all know^.
hut whether his cou)pk-\ion altered towards
thi' govtMiiiiient, when it was thought fit to
restrain that iudulgenee, that ynu have to con-
sider. They say, they know nothing of harm
by him, and'that mav'be true ; no moi-c do 1 ;
ami I presume you do not ; il you do, you will
t( 11 us. >'('U and 1, pray Ciod we had never
lit^ard of any thing t>f harm come from him,
with relation to the king and government; but
you have heard what has been testiiied by
these* witnesst's.
Th(>n there came two wime^sses, that lived at
sir K^Iward llun<rerford's when the prisoner at
the bar lived there; ; one <»i' thi'Ui iivcti ten years
theiv, the other four. And ihey give you an
account, how he was usenl to pray (not accord-
ing to the; Common l^i-ayer) but he used to go
to chun'h, and he did prny for the king very
farneslly, an«l heartily, as they say ; he came
there in*thi« year Itio'l, and he'coutinued there
seven years,*uud they always lookeil upon him
to hir well-inelined to the government.
I'liHi yuu have an account of three servants
that liveil in the house ; one hved four years
with him, and that she frequently beard him
pniy for the king (for I would not willingly
forget a word that should make for the pri-
: son. r's advantag(r), she siiid he prayed as ear-
nestly for the kuig as lor his own sold, with
as nuich zeal and eariiestnt^ss as he could do ;
tikis is what she says And the second lived
with him three years, and she does remark
pai'ticularly, that one time benng ill private ia
his own closet, at prayer by himself, she heard
him very earnest m praying for the king : so
thai he 'w(»uld urjje it as iinprobable, and un-
rcabonable, to beheve, that it he, in his private
I2h 1 1 STAT£ TRIALS, 36 Cif ARLBS II. 1684.— 7riW of TkomMi Roaeweii, [
not but that, for any things yet nppmrs,
woniatj, that is here Imiught as a wit
Acainst Mr. Rnseweli, did »wpar true, ihat
o3ier woman did confess to her, that there
sach a conventicle ; they indeed have en
vonred to eriiice there was no such con
tide. 1 must leave it to you ; for nothing
pears clear of the one side, or the other.
Then, gfentlemen, as concerning brrtal
with, and about one Games; wherein you
an account |pven you by one Harrey, an
advised to give money, rather than ti
troubled ; bat they would not gire mo
Now, tor that the whole ans^ver (that il
be given together) is, that you know tha
set'utor, iu these casis, has a share out ol
penalties that are incuricfl by conventii
; and though it may be that it wm not so
, done by such iiilbrinations to compound pi
■ tits, J et it is no evil thing : lor if 1 will cfa
I to inionn, or not intbrm, there is a right h
I to a part of the [lenalty arising from the otfe
and though it be not a commendable tt
yet it is not a criminal thing lor me to i
i>ound it ; for I do not obserre that thei
prored to be a people that do use to go to
Tcnticles.
Then, Gentlemen, there issomethingtob
served conceminsi^ tlie evidence of Cartwtv
He comes and tells you, that he was by, aik
of the persons that uent along with Mrs. H
to several places, in ordiT to make convic
of persons for couveuticles ; and she n
have him swear such and such conventi
that sl^e would dictate to him ; aud she
misetl. mil! oM^red to swear fur the con«i
ul' cinivoiitidt^s, vvh«.n she was not tliere:
thi<i ^«as a tyrvat while ago ; but nobody I
a woid of ii till now. and that when Mis.H
%^us i'!i:r«>irL'ti in this prvsecution agaiiMI
Kost'vifll. Now when wc meet with this
of |»t\»|»lo, we ou^ht tu consider of the n
i}t' \\w\r t'vidtiice. It is certainly a ver^
priibubk* ihiu:r. that any penon'shoukl i
.Hid toll hr»u, I >»iil b^« -^ilty of perjury, 1
be fojNiv%inu for ynu, if vou will be furs
Km* im*. h iMu' Liaxdly1)e beiieved that
IhhIv ^hoiilif si\ 41,1 III a tellow, that you i
likolv ciu'i«\;!i to detti*t any such thing
■«h»*uUl Iv :iT hi'i jil\ jniay:e': And it had
h:Ni!':t\ ^ »'l«.- lidd Ue« Ail lionest ma:i)to
JiNivnvivd iiii"* i" d uij:^i<irate imoiedii
III.! lU ivv.'-.l i. St' as V.y^i the vitlainy si
li,i*K' ' v« ;»J!.iishcd; Ui. t lo cuiue and SC
umi inH'it ^MK-U .iiM:ii, just as this is. Andt
i»'if, -iuiliiM,.it, I Fo'^x't like *i!vh accid
WIIU.W.M-M. lii.u MXiii V ilivp '^as it were) e
\\u' K !p;ius, inj \tt,' caij iiavo no acei^untof
»H ii'if > ...I LUC lo s;ir s7uctor\ reason
It* .uiiKi* III 'fy.\ V uiukviii'sdiscoveiy.
%ou ii.t»t' -»v%«i u ... », r *4.'n!cs!«e«, that wer
J-i.-, iii.a ijov ,iMiic nx-ouut ol* her beha
III (llt'M lll.lllCIV
tt i«» I Ik- otMot^ttoii that ihev talked of,
Hi*. 1 11(1 »i .h,ly, ^tirvi^l wictiesMsgiveT
•»-»HMM.i ..| ihe uinnrr First of aU, it is
•|.|^y vi.i bv ili«i ^iiu4 tiMi i!i prtMluofsd,
family, nnd by himself, should so earnestly pray
for tfie king (which was never intended to tie.
heard by any ImhIv, and ciunr to be thus heard
by nceincnt), he sliould in pnhtie, l)efure a great
congregation, utter such witrds airainst the
king and government ns art; nrctcuded against
him. This is the use ho makes of that.
Then, gentksmen, you have likewwe aAer-
wanls, the ti^stimoiiy of those two witnesses
that have been exaniiniMl before, that is, Mr.
Atkinson and Mr. Smith ; that whereas you
seem to say, says he, I matle a great reflection
ii|K)n the late kmg, and his presi*nt majesty ;
it was so far from that, that I used to teach
upon the3(Kh of January, and then to preach
obedience to the king, and to pray fur the king,
and make 8har|i inveetives and refluctii»ns
upon those that had been (*onc(>med in that
horrid, barbarous nuirder of the tare king, of
Messed memory ; so that 1 eamiot be tliousrht
to encourage siieh things as these, when I used
to |ireaeh to my auditory such doctrine, as I
now U'\\ vou ot. This is the substance of that
ftart of tfie evitlence, as near as I can remem-
ler, anil weollet*t ; you have taken notes, gen-
tlemen, yom-selvi*^'; you will be able for to
make obsenations, ai*cortling to what notes
you have taken.
Then, genilemen, here are 18 witnesses,
that he has ealletl, to endeavour to persuade
you to a dislielief, and gain a discredit as to
the witnesses that are produired ai^inst him.
Now as to that, which was oiKreil by the first
iviUiess, How ; thut w;is but by a l:»'ar<Jiy, he
knows nothiutf of his own {xpoiili- !^'.» : I'.-V mv
bivihiT. sirTlioir.us Jri.:\.-. ho irive<; \oua*;i
a*\\>u:it of a'! ifie rjik'sti«^« , that Iu- Mas asUrd
ai»om ; ihal >l:e v.v\c:- »Iid s: v ili.:t slio v. as
1»ie>fni di ihv* onvv'iilu w. «u!l iIkxi >!!>;. i;aihv»i*
lad ivtifossi'tl It lo b»*r; an.l i!r»«Mi tbii *on-
fessiou slit' \» lis eouMiiol Nvw »4en:loMion,
it is a vei\ i!Mto\vi!tl thui^ us ilu I'^uu-r. i'mi
Mrs lkuhiH\ ii i** i»'iin, i'mnI u« I;.»^i* Ok'.^vu
m lie's, aiul she ssiiu' widow oi .i non-%vnt'orii}iM
pre ae Iter, and ilu*s uoiuaii v*;in no tar fn»in s;i\ .
m«.r, lhHt<«h4> i>;is klifie, ili.ti slu-onU ti*Mst*i-«l
uj\M It, ibai '^li>. UathxM- tniil .-iMiti-vNttl it lo
her. 5h» lik«."wiNr you l».i%*- Uvii iol«l coiuvrii
mg that bibiiiu'vk oV >lr M.i'^"^. I'lo \*t»iii%'mtcle
at hi> hoOM', *>ii ibo lolh n .lii!\ ; it n:is v»
iHr f»\WM h<*r s%%fajn:;[ ib.tt *li |l.'»% w .i* ilu-u-.
tiUt ilUiM*;i| tK' \%U% llU1lllOil«\l, \tl sliv' M IllM'il
beJoiv > ;• ti»x»r^v IHvbv u» suimi il'.ti ilio^- *».ix
any siK-it v\*tiiiniiele. or ih.il iu- \% i> ihe m v\ .
bhedid iK»t k(K»\% ihv loan, mh\ i««tiM n.*i xti\
any tbui^ to Imo Vud mv NumIu-i .l«-:t|t^t
being ivtvuK\tl »h '.i i*u-iv lu.^lii Iw » iiii.,( ikv,
that ih«*re lui'jhi tK :i«>%0( ii itnitcuiu !«• .u \|i-.
IkI!(hvN, vivnl at i.ti i-* ho «**iiKi m i«iMiV.
it; but it seems ii «%•'« |ia«i it>oii> fnui mii* lu,-
i*U*rk of ihe peuiv''^ h.i'uU . I i'a'M»»i ,.i\ mi
thing lo Ii' but il >o4i alt- vioviuU ill II ihiitt
wa:« u<»«iuch tHUivcatiek* ni uti, <«ll ih.ti i.m H«<
said, IS, thai ilu- old woman St IuhI h« i «« Ji. .ui.t
my brother Jeuiicr, ;m lit <iti .m--« «*iiiuuhIwiu«u
between them, did reMolv« tu ik» m hat hu i «*kilil
aail proinistfd to .s|H;d4 lo ih% i^lmk ^u kh«' |iv««ii*
STATE TRIALS, d6CHAlLLESlL i6B4^'-for High Treason.
[234
■ acooventidethe ISib of July, and
Hr. Hii49on*s ; but indeed it was not
•let's; aiid it is not alludg^l here by
it was so. And tor tbat other, my
saner gtt es you an account, tbat upon
ma of Miv. Bathoc there was a con-
bul there was no such conviction of
llw case, but only of Batlioe ; us ap-
ke record which hath been proiiuced.
gentlemeo, the next question is con-
le derk <^ the peace, and the writing
talk of; which makes nothing one
ke other. Then there are two wit-
!ew, ami the other man, that met witu
an, Mrs. Smith, in Grub-street, in
make a composition tor penalties
to con7entick» ; and they find out a
t used to go to conventicles, and thev
lim into a composition, and so much
IT9 iverc paid perhaps, and be ought
aid more : But it is plain, he used to
icfiticies ; and it is pretty odd that he
pwked up on a sudden there, on this
rater, to discorer these practices, at
IMlion of the prisoner at the bar, who
fh a distance on the other side of the
aen, as for Mrs. Higgenson, I
Pigr tkia, she says nothing to the pur-
ii cither material for, or against the
lar flhe aud, she knew notliing (if her
_ i ; and all that she did say, was
I mod reports, not by way of down-
'' against the person she M'as
g'nst. And, gcntk^men, you are
iAt hearsay and report is no evi-
lut itmust*be what the witnesses
' of iheir own knowledge.
pt IB a worthy gentleman, sir John
|i as to whatsoever he said, or any of
f loM him, except he knows it of bis
iMge, that is no manner of e\ idence
mk» off the credit of Mrs. Hilton,
[jhe herself did say (if it can he tc^sti-
against her. If she coiifest
I any (K'sign, or was cnj^i^jift'il in
e to Getray the vouni; lady sir John
i of, that indi'cJ hi a very evil tiling.
ever were the apprehensions uf
rning her siiare in that matter, or
m fittle thiui^ that they talked of oon-
iMtfeas Hilton, before she intermar-
m swnify but vcTy little in this mat-
i when we ask sir John Tulbot the
, Iw cannot gi%e any satifsfactory ac-
|pi| for be says plainly, he hud no con-
|..witb her. ' It see'ins it was not a
|ii wlule slie lived there for ten years
^ 9md it is pretty hard to imagine in
Bif sbe nad been such an e> il per-
wwld represent her, in that time,
Pl araeued, so far at least, as that
■ Aiiaiarged the service long be-
r John Talbot is a person that
mAI to permit any thing of ill in
Ml yd withal, he cannot know
Wk Wf vHPre than any of you, of
irregularity in the family. If indeed they had
questioned any of the servants, that were more
conversant with her, and taxed her of any
thing that was oil, tlien it had been a much
more probable exception ; but to have people's
reputations blasted barely by tittle-tattle, and
stories, ai^r persons arc ^one out of a fiekmily,
where they have lived lor many years, is a
matter of very dangerous conseijuence ; and
any man in the world may be imured in his
credit, if such a thing be permitted. What sir
John Talbot upeaks of his own knowledge, that
is evidence, and wo woidd liear it, and give all
due regard to it : But what was siioken of con-
cerning Hilton, belbrc she was married ; what
the rest of the servants said concerning her ;
or the general reputation that she had in tho
family ; that is no evidence at alL
Gentlemen, in the last place there is a wit-
ness produced, one Dillingham ; and she pre»
tends that sbe is a woman of a very ill repute*-
tion ; and tbat she would have hired her (as
she would have it believed) to have sworn
against several people. Now as to that, sho
would have done exceeding well to have made
a discovery of this before this question ; and it
had been ner duty so to do; and not now to
come, anil drop *in, just when this question
comes to be delNited before you : That, gende-
men, draws a suspicion along with it, and a
very great one : But I must leave the whole
matter to you, which 1 do not question but you
will examiue, and look into, as well as yon
can. Thus I have offered the evidence that
has been ^veu on the one side, and on Uie
other, in point of fact.
Now, gentlemen, there are some remarks
made by tlie pns<»nerat the bar (as God forbid,
but he should have the advantage of whatso^
ever can be observed upon the evidence given
against him), that is, he makes a difference
between the testimony of the one and the other
of these witnesses, about tho 'JUth or 21st
of Genesis: that the one said the 2l8t, the
other the 20ih. Now, it is to be observed, as
has been said, that she that said the 20th, which
was the second witness, Kaid it was either the
QOth or the 21st; and Mrs- Smith said it was
so to the best of her remiinibrance ; but it ap-
pears to l)e, and so I perceive, by all the wit-
nesses, ui>on the 20th ; so that as to her it
cannot be very material, because she does uot
swear jvositively cither the one or the other.
Then gentlemen, there is another tiling,
that is, that she should talk of one Weldy, cap-
tain Wcldy, or captain Daniel Weldy, when it
seems his name was not Weldy, but Ins name
was captain Daniel ; which I think can go no
great way in the ca^*. She is not acrjiiaint*
ed with the man himself; she tolls you one
part of his name right ; describes the house
mail the parts of it; and speaks of the cir-
cnmstuncc of his bcinic at sea, and l>eing prayed
for by Mr. llnscwcU ; thc^rein they do both
fiffcec : So that, though she apprehended that
his name might he. Daniel Weldy, yet it is so
far right enouyfh that it was one captain Daniel:
256] STATE TRIALS, 36 Charles II. 1 684.— Trw/ of Thomas Rosewell, [256
ani) that there is a very small minute differ-
cucc, that it will make little one way or other.
Tlien, g'entlemeii, he insists npon the differ-
ence between their evidence ahnut thai cir-
cumstanec, wiiether it was all upon one entire
subject ; or part one part ofthe day, and part
the otiier. One of them sa\ s it was not an
••nlire tliwronrse; tor that about the rams-
hoius, and the broken platters, and the stone
in a slinjf, was aflcr two o'clock, alWr the in-
' ten'al that had been, and the space of time be-
tween the disconrse of the Kinsr's evil, and
those other thing's ; and therefore, says 31 r.
Kosewell, whereas she pretends that it uus all
8|)oken at the same time, just as it is laid in the
indictment, that cannot be : and so it appi ai*s
npon liisown evidence. Now, suystliat \\ omun,
I cannot so well tell, whether it was forenoon
or aAernmm, and truly they mi{<fht call it fore-
noon, liecanse they had neither eat nor drank ;
nnd says the woman, we n-rkon that iu? i'mx'-
noon till ailer we have ilineil; and !>lie cannot
t».ll whether it was in tlin I*salins, or whrllier
it was npon the chapter ; but it was in that dis-
course that he held that day. She does trcnc.-
rally apply it to the whole; and that in the
day's discoui*se (alt uhich time she staid, till all
was over) scieh words did pass. Voii ha\c
■heard the ditference that is between the two j
.witnesses, and you did well to consider of -
it, if you think there isanv thing material in it.
Cxentlemeu, f must confess it carries a notable
soil of testimony in it, of which you are jud<i;es
and \%ill wei;>-li it acconlinsr as it oujs^ht to be
wc'L'^hid, First, That these jwojile sliouhl
liU'Kilv hit together concerninjj tlin kin:^\s evil,
and thiit there was such a discourse iu is l;iid in i
the Indictnsent about it, and of the nnmhetVs i
prayin;^fi)r the people for the cure ofthe kind's I
evifand then they should be imuKHliately healed .
AntI (>n tlie other side it is ju-etty strange (a** he I
urires for himself) that that should lu* per^eit- '
ed. uhicli he spoke conc<'iTiin&f the prophtt^s
prayinsr f"r Ihi; kinj^, antl thrreupon his hand
htinjr healed, wiierehy the prophets ha\»* the
honour (as he says) 'sometimes by i>rayer, f»f
eitrhii^ the kiug^'s evil: so that sometbin<r or
other, thi-re is in the matter, thatirives a mi<^h-
ty coi!iit«'iiance to wii:it the witnesses s]ieak.
There i-* a eertnin sort of occasion (riven (:is one
would s;iv)for sue!i expressions as they have
testified, \n his dlseoui'ses.
Then, when they come to talk concerniii«»"
the rams-horns and the platters, the witnt^ses
say, we heanl iiothinL;; coneerninjf platter*,
mueli Itrss of pewtrr platters ; no, it was
broken pitchers, and tliat was occasioned hv,
and iiad relation to a tuxt (says Mr. I^osi'well)
about Gideon, how easily he discomfited the
Philistines' army, and there was no such thifig"
as any discourse coneprning" the kin*;, or the
^vcrnment or any relatlou thereunto; it was
only a phrase ustd by me in the pulpit, to shew
how great a matter ini^rht be ilone by little
means. And so hkewise conecniing' the stone
in the sling, that being an oceasionul instance
too what great xniracles ha>e been br<>u;;ht
about by little means and circnmstances : 1
have instanced in that (says he) how Daviil
killetl Goliath with a stone out of a sling, nnrj
that our 8a^ iour Jesus Christ cured the blint]
man by a little spittle mingled with clay. So that
he u'ould insinuate, that those words that wen
spoken \\ere not with any such intention as tlu
king's counsel would make it, and as the indict
ment insinuates; but only in a common, ordinary
preachment, as inferences from such and sueii
scriptures. And whether this that be talks of!
was the discourse he held at that time ; oi
what the witnesses sjieak, mu5tt be left to you ;
they having sworn it. And this,*as I talce it,
is the substance of the evidence given by the
one and the other side.
Then, gentlemen, Mr. Rosewell put tbe
question in the moniinn^, and he seemed to in-
sist very much up(»n it in point of law, that
the dis'.'oui'ses of a madman cannot lie treason.
It is true, tliat such discourses cannot lie trc- 1-
sou, if you lake madmen in the true sense,
that the law conunoidy takes it. All iraitor«,
all knaves, and villains, ar<' somr> way, ami in
some sense, matlmcn ; for no |>ersou can act
with any roison in any such aflairs. Treason
is not to be connnitteJ upon the foundation of
rirason. TluMx-fore uj)Ou his asking of tlie
question of the witnesses, what reason there
was for him to ns4* such expressions ; I told
him, >ou did it, ac«!ording as the iDdictmcnt
says, which is drawn according to the prescripts
ofthe law, by the instigation ef the i\f\\\ ; yon
did it, not only \% ithout reason, hut against rea-
son. Jlut if t \U'. bare say hig that it \« as against
rc>ason, and that i heir fore a man m us a mad-
man, would srne the turn, them would lie no
traitor aceordiiii^ to that rule : liecaiisc every
traitor would Ih^ a madman. Every traitor is
a madman ; hut cvary madman is not a traitor.
A Uiadman m our common acceptation, is one
that is c.:!pii\atcdiii his senses, not one that id
corrupt in his will and utlections, which must
he the d(*fmition (la traitor : so that the argu-
mcut, I must tell you, is fallacious. Every
man, that is depravcMl in hih' mind and afTections,
is a madman, so as to he an enemy to the go-
vernment, or to mankind ; hut he is not such
a madman, as is commonly meant by thai
word ; one uhose winds may be mistaken,
because of some disorder in his understanding,
so as to \h* excused from the accusation oi
trrtason. Then lore u hutsoever cons«|uencc
there may be ui'ihv. thi.C;*^, 1 must tell you,al
men that talk afur this rate, that this person i:r
accused to talk in his pulpit, they are every one
traitors, ami so madmen ; for <*'ory traitor is c
madman: and if in case Mr. Kuscueil b*
guilty, he is in that sense a madman. If i -
true, in other thini^s you fmd him a man u
very notable un<lerstan.lii)^, a man of a ^er^^
threat insinuation, oiic that Ikis a gi-eat deal o
Imowlcdi^o in tlu' lor.i^ ucs, lookiil upon to li«
a very IcMiiod aud ir.tri iiioir-« man ; whu wa
thou'^ht tit to l»e a tulor Xat Sir Kflward Hun
^erfbrdVs children ; and h.ts luul very mauy
Icuined discourses, and shtwu hiiust;!!' to b« '.
Salt] STATE TRIALS^ 56 Ciiahles IT. l684.— >r High Treason.
ntn of f ery (rreat |Hirt9. Tlioiiijrli, if he be a
traitor upon thb evidence that is ^iven, lio is,
■eo nomine/ a traitor, and consequently a
■adman, for preaching and publishing sucli
iietrioe as lhi:», that nill not serve tfi ixcusc
him from his treason : but the rather, liettausc
he Bi a man of so much learningf, it aggi-avates
the treason, as it muse needs do to any body
bthe n'orld that considers it. For he iiiuier
that pretence otferingf to preach bis doctrine as
fBipel-trutli to ij^iorant people, it seems, t'.00
cr more, of all trades and persuasions, whose
hh it Has, acconliuj|r to law, to have been
then at c&urcli ; men of strcn<^h and ability of
Mf, as t}iey appear to be, for the service i)f
Ifeffovemnient ; for these people to bo <!c-
kuraed into rimtIi doctrines as these, of stand-
ia? 10 their principles a^inst the guvernuifcut,
ibraMfe learned the man is, the greater and
UKker is the crime of that man that is guilty
if it God kno^s whether that be Mr. Uose-
■iell*»case, and you that arc of the jury arc to
lrj:it: to do it under pretence of preacfiingtlie
Md is the worst way of doing it Uiat could
K taken ; tw quote scripture for rebellion adiJs
todbe crime, as it did to that of those black ^il-
hi»ibat were concerned in the murder of our
hteifrfad Ki'Vereign, who has been so often
■otiooed ; they were geaerdlly the preaehrrs
if the laie tiiues tikat contributed to that horrid
GoidemeiL. it in notoriously known to you hi
ttiuiu^ed late hellish conspiracy against his
Mid and most merciful majitstv, our so\e-
Rjip that now is (%i horn I pr^.y 6«m] long ia
f^BK^mayjs) those that had an hand in the
■tantiMi to destroy liiui.and his r(»yal brother,
nvifit&t ruariy of thcui black -coat dissen-
mii ihe church of England ; and I cannot
■/ 1 luMw any one mcniber of the church of
bflaad that had any band in it at all. How
■ttv of them stand now (x>uvicted by outlawry
ftr that bUiody treasiiU, I won't say all parsons,
hi gfner^lly all of them diss<>nters ; and we
hmm these are th(»se l>ase, pn»digate viilnhis,
a%s uiaile ii^c of in these base sinks of re-
\ntl tliev are the common sewers of
, tlie9:c coijvi'ntii'K's are, and of treason
cf*nspiracy ag:ii:ist the government in
rh and s.ate. (jod be praisHt, we h:i\e a
a on tliat teaehr.s us niuch b;'ttf r, a religion
UUied hy the hi\«s of the land, and \\itli
tetdectrncy of uorship, and care of t!:*? soiils
if tteii, that !nav bring us all to heav( n, h\
Acjf.aceof fioii, ifwc please to her.rlun To
Aedictatf-'i < f ir, and to mind \thnt is injoined
Mb«ur du*v hy the law ; hut when peoolcj are
MBedehi.Ud by the insinuation (d* such f:d.s(>
Inehers ami run into faction and diseonlcn^,
kithe\ wiU ^tjf,u rnu into relicllion too. Ami 1
ytakthis, tb'- raiher to deter and j^ivc w::r:»-
Iflo oth«T peopif, to have a cnro how they
IMm sear «uch plaics, and sueh pnictices,
llBto afiec't you.
n, here you have hail three wit-
czandbcd against the prisoner, who
I Mcnsed for a crim* of bigh-trcason. 1
[258
nmst confess, I have taken up a great deal ol
the time; and a great deal of the time was
taken up before ; but there is no time too long,
wherein a question of so mighty moment us
this is, is to be decided : the government, thk
preservation of our king, the preservation
of our religion, the preser\ation of our laws,
are all concerned : for by the destruction
of our king, and of our govermcnt, our re-
ligion, and all that is neur and dear to ns
in the world, will run a great bastard, if not
come to a total destnietion ; and I am sure
it did come near to it in a former time, by
thi.s very suil of way. Tiierefore I injuin
you, in t'ic presence of the Aimif;hty t«od, let
neither di- nittasurf, nor any soit of personal
imimositvj in any tlung. Hint has been contract-
e<l by hearsay irom abroral, nor any imngina-
lions that have lieeu suggesied here without
proof, any way direet you" in the consideration
of this cause against the nrisoncr at the bar.
Hut go accdrdlng to the evidence that has lK*en
here before you, en the one side and on the
other side. For as on the one side you arc
not to be corrupted by common talk, or any
prejudice against a portj or a faction ; so ai"e
you u(/t to be inlsicd by any affirmation, or
rcHeetion, or com.jient that the prisoner has
made or said for himself, other than what is
supported by the testimony of these witnesses
thai he La] ;;i*oduecd, an** A^ liuse evidence is
left lo you to consider : for you must not be
led by any circumstances, or by discourses,
but what is sworn on the one side for the king,
or testitieil on the other for the prisoner. And
theret()re I can with all frei dom and zeal for the
government, and all tine compassion to the
prisoner at the bar (whom with ail ni}' soul I
am sorry to see accused, or indeed any man,
of s'ueh a criuh") leave this matter entirely n[ion
the evidence that has been givi-n. And tfiougli,
I say, 1 am sorry to see him accused ; yet
such transgressioils arc aggravateil now, when
u«* live in" an age, wherein we ha\e all peace
and plenty, while tho rest of our neighbourii
are \^ allowing in their bltMid round ahont us ;
son\e Me hav<! hrtird o\\ are brought to the ne-
cessity' of calinjx tlu» most fi'aijy and basest
animals, that never was designed for the food
of m:in ; 1 say ^^heii all our neighbours arc
giJ.jiMing under thi' miseries of war (blessed be
(io»!\ ue live and sleep i\\m \\\ under our own
\in(s ; v.r <-i)oy the b<nefii <d'hi'ing subjects t«»
a gr?.<-i()u>. king; we enjoy the full e\tf nl of
our l.iur, \\]ii<;li are surli'ient to stfin-c* our
libcrtirs and [»roj)ertie:; ; ?T»d no man cjui Iw
l-roeyiit (no, in»t rne ni' {Uv. uH-anest sul.jt»i'ls
ilu" king liiis; to Mi.ieh an miMnuly md, ln!l hy
tlie tmi' ujttliods (djuMiec
lie is lo he trail by \on, i;rntlenien, ^ho
are gent Uiuen tjl^jualily of !?•!• louiity ^I'tre
the fact is alledgr d to l«- t.mujittrd; against
whom he mioht hn\<' madr- hi-. ei»allenges aiuf
exceptions, W he hiul :.nv n*a>o!i, as he di«|
ag:iinst the others, are .n!iug to the libert\ the
law allows him, without any reason. Si> thai
you staud indiUbruU between the king and the
S
iB0} STATE TlllALS, BG Chahlrs if. 1684.— TriflU/ JhmaM R&saffeU,
I
I
ndisouor at the bar, to try tills niusi% whrther
he be tfuJlty, or not guilty of the treuson uf
^bit b he sfantlti accused. In case the late its-
lentJed rebi-llionfi ami iusurrections had tiiken
ll» '1 cftect, accoidiii^lo ifu* dottrme
JM these stTnions, of sUuulmcf li> jirn-
f': ,■,-;... . ." ,. ' ,: ^.
«^m' one of iheni might le nctunUy tTigaged)»
1 snv, ill cn«e sucli a ihiijg hud Wen, U»ere
had teen nothing but eutlmg; of ihrtmtij ; there
hjid heen nojisstice for any sohjcet ro have e4-
necte<l ; nn methods, or pn>ceedin|j^ ot laiv ;
but destruction would have come upon tis like
«n annrd mau.
Therufure, gentlemen, as the evidence ba^
licen lotiL', so I horn? ynn will g;ivc me your
pardon, that I h.'ive been tlie longer in insisting
ttpon it ; and, according to my beflt understand-
tD|t and memor\\ 1 have g-iven vou the best
Hecount I can, both of the evidence for and
oguiust the [imontr. You nw judges of the
ffi^* ""^' ' V fiod direct}' on, and ifiiideyou
i»' lices, that the truth may be
di. - L.^ i :^ ,!;urverd»cl»
HjoscwcIL lilay a loyal subject speak, my
lord ?
L, C. J, No, Mr* Kotewdl ; after the Jury
art* cliar*ri«d by Ute court yuu arc* not to say
any thing, l^v*ear au olfic«?i' to keep the Jury.
[VVbich u as done,]
'i'ben tlip Jury withdrew into the usual njom
far such j>urfK>sca, to consider of tbdr Verdict ;
and afU'rH'Hrds they returned into court.
CVitA of Uh- Crown. Crier, take the appear-
ance of ifiejury.
Crkr. Sir George Sheers.
Sir OtiWMC Sham. Here.
Crier. Vous aveic Sir George Sheen, 3tc,
fAnd »o of the rest.
«yCr, GentlemeQ, are you agreed in
ymir Verdict ?
Jury, Yes,
Ci. flfCr, Who shall say for you ?
Juri/. Our ForemutK
Ci\t'Cr. Thonjas llose^^ell, bob! up thine
hand, [Which be did*] Y'ou i»f ih** jury,
look upon the prisoner. How sny you ^ Is be
Cuilly of I he uit^h- treason whereof be stands
htdirtiNl, or \n\, Uuiliy ?
IWrmun. Guilty*
VL of'Cr What gtuxk or ehattetji, lands or
Unementft, btid he at the time of the bi^b-
tri'tiMtri ( uiiiii.int d| or at any time ciince, to
I 'AL\ that we know of.
Mot, ibt'O iliv Lord liave tnercy upon the
jury ! My lord, I huintilj rec]Ue*it this favoui »
lb HI ibcy may be aske^l icparatim^ wbetlier
tbev he all rd'fhe Mame opinion*
/*. C\ J. That i» never dorie> Mr. Hosewell,
uoUhm ihiin< \h* unv dilferonccT suggfcsted from
tnl to tliem tlieinselves ;
4$t 1 Urti V iicai a umny timci iJlc j>iry gt by
the major part ; and I VfoM kli9«^
ihty be all of that opinion* Therefore
they may be asked that question*
t. C. J, You umsi be eootented* Mr
well; in case there neie any dttft-
i»liouhl hi-ar of it from ainoiiq'st tb
CLofCr, T 1 V ^
the court has f
Itosewfll in t/n.Hv «it n**
be Jjtunds inilictetl ; but i'
chattels-, Urids or U'neui<
b)j(rh-ttea$ioii LMitnmitteit^ ^cc,
ymtr knowledge, and so \ - ^ ;
Omnet. Ves-
C7, of' Cr* Gcnlletnen, the ooari -
you.
L. C. X Marshal, you mu'*t take liiin
your custody, Wing now ' i
ifjw, Mv lord, I wout'i jeg', fw
jur> ' ■ :i luselves, thai Itiai ipiestiow
ben- ji.
L, I, . 7 \\ r uiu«(t not induing any it
tiouiS* It is not iisuh]. Yon miiv ask Ibem,
you plea*ic ; see wbt**' -^ *^'"* *vill
We nuisit (JO «cc<irdi i jrms of
Roi. Then, my Im^., ,. ; ui«--;t ot-nt]
estates wer* joined in one, In f
conditions with that man of th>
possess the wbole«
L* C. J. Mr. Roscvrell, ^e mvisi h$,Pt
reflection* upon the jnry.
Then the pnsoncr wa<t tnketi i^aVt tli4 I!
court broke up.
Die Lnme 24 Nov, lOa^i, B. lU^/i.
DOMlNt.S UliV V, ROSEWELL.
Til is day Mr HosewcH beiag brought up
the court, to receive sentence, tlie isoiift
ceeded as follo\rs ;
X, C. J. Brother Jenuer» bare ytm m
tiling to move ?
Scij. Jenntr, My lord, wc wait uuon
prisoner at the bar, lo desire jud^men
conriction that wa!S here the otbi.i
'tifason.
A^'ainst the prisoner ftt the tnr
you mean :
Serf . Jm n tr. Yes, Sir .
L, C* J- Then call him to bl-j ju<
CV. of^ Cr, Tlnjmas Rnsewell, bo!
hand. [ W bich he did ] Tliou hast
dieted tor big'h- treason^ in compasfttn^
iuiBgining the deoth of the king', and thi
verAioti of the i;overnment r Upon tin
dictment thou hast been arraiofned : V\ *
arrarpnneut thou hast pleaded Not
And tor thy trial thou hast put thyself
God and thy countn^ ; which country
found thee O'^uilty . Wliat hast thou to sa^
thyself, wherefore judgment should not
(fiven a'^ainst thee, to die accordiii}?: to the biir
[Then ne wa* made to kneel and rise a|
Roii'ucif, My lord, I humbly
that your lordship will not give
Jig^ainst me upon this indictment, o
thv circumstanocs of it, I bti?e, niy li
ht^'trfasi
L. C. J.
M]
STATE TRIAIA 36 Chables 1L l6S4,— >r High Treaim
I id tliU bdoour^Me court, in the presence
-'•-*• *^ '♦ ftrp scare Kev of tiearfSf my
4" ; tut I baTe been found
li^ .. II \vlu>m lUe Lord have
I : iny detestation anil
, II in my Tery soul \
W I do humbly bf'^; your lord&hip and the
^ttrt to com|]aisioiiate'tny preHont condition ;
^^'*tlj biiinbie snbmissron to your lordsluiit 1
enter iotn my disrx>ur3« unon that
taesds ; for 1 would be M\ taken thus^
gttt io this convietion to deny the thesis,
■ was guilty of spesikine Biich words
in the indictment. Bui U(M>n the
-1 r nz that 1 ivere g'uilty, I
tliAt these wordfi, as they
vt lai^., * IVeaiion. They are very
Cnlob mod ugly vrords; and nmy be a very
DisdciDeftnour inlaw (if true, whicli still
i over and over again insist upoo)» but
not treason. And I lieg your lord-
tio oie the fuvour to let the Indict-
* re«d once more,
J. Ay* with all nny heart.
Rot, I huinbJy tUank ^our lordship i I de-
t »ay be read in Latin.
. C. J. Ucad it to him in Lutin*
' t$, Juratorc^pro Domino Uege suptT
encam suutn pr;r8entaQt, SfC,
[Tbc wb^le Indictment was read]
Btfv* 1 humbly thank your lordship. There
DC things that 1 shall ofler to your lord-
iKiTes^ of judgment out of this indiet-
ii\A I request your lordship to bear me
K Ing hert' fur my liie. I pray
lie arrested for theie causes;
rnot any crime !»ufficiently set forth
Jftbip to ^?e judgment upon, My
Jgliy take it fur y;rantedf that in all
I oi treaiion there mu»t be some par-
r of treason ussig^ned ; uud that it
cient tadjctnient in j|p^neraT» that a
intend to depose the kinjj, or to raise
liun, n ith out some Overt- act poMtii^ely wi-
] to b*' linnrhv that person ; the jfeuenil
IfcittioQ 1: ai) iudu cement to the
1 I luattepi that set forth the
r LretiiH»tK are tl»o«e that mnke
, upon which the court and tJi«
piooeed. ^o\i\ my lord, if that
er^ timt b altedged, lie ins^ufScIent,
nhie submission, thoug'h there be
ny such sorts of facts proved, and
jury, the party i^nuot be con-
rfreasoD : For,' in this case the
I same adtrantagc to except iigolnst
B particuliirs alledged^ to prove the jfcneral
fffci^c««..ri tFV-ncon, 851 acainst the gneneral trea-
in II' \ with humble submission, my
hrt^ V- \\ that the matter here sug-
. as will evidently anpcar
yfafli i ii !o offer to your lordship,
ftn4 utjii pruiei pal objection that I have,
i«t the inuueudos, which are so many,
^mr$os^,in these words that are allcdged
Hl^ar
against me. These inuuendos, my lord, I say,
are nought and void ; aud t presume that it
will be allowed to mc, upon reading of the
words by themselves, as had and as foolish as
ibey are. >V^ithout these iimuendos there
could nothing be made out of such words as
these are, neither trt^ason* nor any thing else.
Then, my lord, in the second place» laying
asitlc the innuendos^ I muiit insist upon the re-
pugnancy and instMisibility of the words laid in
the indictment, being in Latin » and such Lahn«
as I believe your lordsViip never saw ; au^
upon these two points, 1 de.sire that judgment
may be arrested, and I humbly pray counsel
may be Assigned uie to make them out m bet*
lerTonn,
L> C. X What say you to it, brother Jenncr,
and the king's couosef?
Serj. Jtrrtwer. 1 cannot see that he has al-
ledgedany objection, which hei-e requires an
answer from any of us, that are of counsel for
the hing.
L,C. J. Yes, brother ; raethinks h« does.
Att. Gen, Ifhe docs pretend to object against
any of the overt -acts alletlged in the indict*
ment ; 3'our lordship observes, this indictment
is upon the statute of the 13tli of this king,
wherein words are made treason, if they in-
tend any hurt or imprisonment to the king-s
t»erson. For his objection as to the hmuendos,
ic dues not assigu wherein they are repugnant,
or insufficient, lie does a«isign in particular,
indeed^ th lit it is insuflicient, being a general
crime ; which yet he does not say is not suffi-
ciently laid ; for it is said, that he did compass
and imagine the death and destruction of tlte
king : And, to eifect that compassing and ima*
giuatiopt he did speak such and such words,
which by the statute are made treasou if they
tend fo attempt, by preaching or writing, any
imprLsoumenc or harm to the king's person.
Then for him to come to talk of, ' standing to
* their principles,* after he had spoken of * two
* wicked kings together,^ meaumg the laie
king,andthe present, and that, ' then weshould
'overcome our eotunes,* what is that but
preaching in order to raise a reheUiou and in-
surrection, tending to the destruction of the
king, and his government ? All this is laid in
the indictment ; the jury iind it spoken ma-
hciouslvt and with such an intention as we
have hud ; and therefore we think that it is suf*
licient.
L, C\ J, Uut, if I take the gentleman right
(for 1 tell you befomhand justice must be done
to all people im partial! Yi the crime is a very
great cnme that he s»tuiids uccu^d of; and
the jury have found him guilty of ilie crime
laid in the indictment: But, if I take him
artg^ht] he does not say that wonis are not
sumcient to create a treason, but the words
here, as they are laid in this indictment, are
pot sufficient : And as I take it, there is no
great dilHculty in the matter ; but the wonia
would have been sutlicienl to have supported
the accusation, if they be well laid. But the
f^uesttoti is, whether the wordt» that you have
SS] STATE TRI ALS» Sff Charles 11, ifiSi.— ThW of Thomas Rmwir, [S
bid here, be so po^ lively a65rine4l to hare been
okeii bj the prisoner and to rcbfe to tlic j(o-
nimtfnt, ns tUey ought to be in un indicitricnt
li%b ti-easoii f
Att.Gcn. That the inilictmeiit rou&t make
Pill ; aud the jury have ibuud him ^liJty, ac-
li^rdiuif tn tht^ iiiJictnient.
X. C X But that b his objection, they arc
[jiot soin the indictment.
AU. Gen. My h»rd» they are laid as the
ritnesses swort; Iheai : as your lordiihip can-
Hoi but remeraber.
L. C. /, That they are net positively af-
Brmed, but only tiDedgeH under an innuendo;
liat is, he s[»okesuch and such \%ordii, whereby
be compared Uic king* t<» Jeioltoam, and tlic
lllke ; and we had two w ickcd kingia tojycther,
|bl3t if we would stand to out principles, wo
ibould overcome our enenutii, innuendo the
lu^, 'i'he alletlging erf the w orJs spoken
I in the indictin<mt vh positive, if tliere be bofli-
[c)ent matter in the words to make them ap-
I Bihcabte lo the government, so as to make it
llreasiQn. Bm if you #>nlv *ay, he spoke I hem
t^tmtendo «(0 and sa, ihat itj not pL>siiive enougii
To make the indictment good. 1 take it lue
Bbjeetion rims ifiut way.
Urn, My lord» I hmnMy thank your lord -
^^brii tin* exiifaining- mv niraninir : it is so;
/„ L\ J. ^ In T .. e.is«^, tf yon
ay the dffcno.r nd such words,
"ymi do not hi> u , p them of tht
plamtifi; in7iuni<f(\ ;ifl; in repent-
^ 0 rdfs vvt> n ' I * . V . . . - , i t re , i i y o u had
|ht it in the tndtt'tment, that having dis*
fe oi thr itttc king and this king", he had
ti^cii ih<"HO words?, • We ha?e now had two
r* wicked kir.^s, &c.- you ehmi had bruughi it
[liome to htm : but you do not lay it tlial it wau
oken of them at all, but onty in'th* immvndo ;
■^tfls you ougfht to say, first, That he s^pokt-
I btc king", and this kinij ; and then said,
Nave hud two wicked Unv^s tog^*ther, in-
fmucitdo^ I he Jate king, and this king.
' An. Gt:n, My bird, 1 do not know how we
I could have done it bcUer th»n we have done*
L. C* J. lx>ok ye, w^e give no opinion ; hut
^thc objection has weijjht in it^ upon m) word,
I Ai I told vou before, in common rasi^s, an ac-
i tio« of fhc! case ibr word**, or tl\e like, ynu
ritiitxt lay a communication coocemijic'*^*^
Ffilainlifr, or an intiumdo^'iM not be asutficient
[ aierfiient of its lieing; spoken of him. In en
' I of ihf ciise for words, till utlhiu these
In or eif^ht yearn, they wen* obliged to lay
r the plaintiff; and of hi<% tnide ;
I me him, were bp<»kt-n of him
ill Mtrii u iitut' such word^, l^<s thnt h^ was a
^ <?beatin{r knn^u; wher*.* the woni knave would
1 Ix^ur an action, n hnre innucntjft WmiW not do,
tikiii wdH nr»t tnoTigb. But, now I confess,
klmncedtelaratUius nre made a littli^ more con-
1 ci«(e, you need only ^y * dixit ile qnaTente,*
bwudi «nd Huch wonk" without a Voitoffuiuffif
fliul you must 5ver it t'j be spoken of the plain -
Ltilf. 1 never thou^it it |fnod in snth a cose,
, ^ My of a merchant, tie is a tiattkrnpt knare
{innuendo the plaintiff), unless be say he ^
of his ti'ade and merchandise, t^o tbat the
jcrtion does seeno to carry rery niucb
iu it,
SoWior General (llr. Finch). My lord,
ynur lordship would ^ive me k*ave, 1 woi
endeavour lo ansvrer tne case as yt^nr loidjjl
has pni it ; for, my lord, no donht m all coi
nion actions of the rase for words, it rnuai
averred lliat tlie words wei*e spoktn (tc jn
of the ptaintiff; hut the first partol
ment, m tliis case, shews that the v
be spoken of the person of tiie king, ;-i
late kinijr; tor it says, be did cunfi[
death and destruction of the I 1
(Mise him from hisy:Ovenmieii(
that traiterous, wicked inienutiii ^pi i
intcnttotte lie did speak these words of
veriimeot, ♦ We have bad two wicked
* together,- meaning Ihia king and the
king-
Z. C, J. If you bad said fto, that be «^
these words of the king» you had an«wV
mv objection; but the conspimcy of the d
ol' the kin^ bein^ only a general form
treason, will not make gotnl an mdicf^
of higli treason -, but yo^ must vh»-w
acts or words to evince and prt V '\
his intention; that he did eit
and Siucb words, or did KUch - >
It i% not a gfu»d indict meul to »
■; , for he spoke fv '
■ > c4iiTy on hi<i 1
..... ....J such v..n,t. of .,.. ^„.,..._...
mtist be potiitn d,
SqI Grn, V\ , mv lord
*■ et ad ea!^dem net and as |
* rimpleud&s,* he spiike %
Wehaveha^l two wicked kmgsi togclht!f» i
uurndo this king and lite late.
L. r. J. You ha%e innuf.nd<i^'d\% UM ttiib
T do doubt ; for all the fncts are laid imdi^r
iiinncnd<Xi MiUiout a positive avcrtnenL
Alt. Gen, My lord, I think it isasfuUy U
as il |)ossibly eouM be.
L C. / Come, Mr. Attorney, if an casrt
common artions for %» ords there \m ^ueh «iyi
nc^s reipiiretl, ten time^ more ought thcru
be in an itjdictment of treauon, where a maj
life, and all, h so much concerned. 1 am i
i»ati.%lied, I aa^biire you, that this indiHiBrnl
well hiid. thotJgU I give no opinion ; but In
justice wo oujjht to aswgn him counsel to ma
out his ohjcction,
Ati. Goi. Alt this, my lord, is only in 4fU
LC^J. Mr. Attorney, * Ue vi'
* nulla est cnnctfttio loiig-a.* I thin^
to as5«tgn him ^ ^1 the rest or my m
!hcr!arcofi' loe.
A(t. Gen. *.' i tti. :ij read colonel Siilne
Trial, '^ and the [odictment there, and tbej
find it the siirue ibing,
L. C* X 1 cannot ttll whetlier there arc
such innumdin there, 1 believe noi^ b
know not il'Uiere were, if in ease it had 1
* SeeTol % t>. 8ir, of ibia CoHectM.
STATE TRfALS, sSCharlbs
»H in aiTMt of judg^m^t^ what ihe court
M b»?e dooe thctt* But I think we oaght
tft Mi^ lum counsel to make out Uts ob-
• Tery fact thftt makes this
rTH'^' up sedition and reLcllton
iruj we saVi to effect it,
ii< rn his pat pit, we have
together, raeaniogf
huvc su^ei'eil Po-
ne uiidei tiirir noses; hut, if yop
■your pnnctplejf, meaning ihepeo-
■" irour coeniies;, meanlntr
PI '3t.
" f!o not say that he
^«ke ' I :^ : iliis you shoukl
ii :.,.:- :i:espcnkiiigot these
fy^iy overt- act ; ari<i if he did not
rof ttie kiojf, ^ hicli yon ought to
at Otily hy way of mnurndot thai cftn-
* think, be m* (jo<hI, lioi' sofiirient.
J«i». H'tMinT. I take It that these are the
m wonls that are to noaiutain ihj*i indict-
. and the <piestion is. nhellier
hare t>een averred that they
okc=n otiii ' .rs?
, J. We any opinion, Mr,
' jir-L liuii Keemti to he $oinc
t and weii^lit in the objec-
» K r-vt' li urjTUfcd, uud iheretbre
An. t . ■.. , L. uk your loidshsp,
. £. C, J. We (fo ihnik !t Ht to Jook into it, be-
w© nrue^tnl any tariher in a case \rherc a
'^ttn^thie 18 cOTicprnotl,
Ritt, 1 prny find lo bless yourtordship,
t' i you have na ntn^d to thank
'^ :u do justice lo a!l men.
fU*i, Uui 1 <U sire to rti tiro luy hearty thanks
' jfour lordsihip, for exphiniuf*' and maktntf
I tny iinakilfuhief** in the law Avould
nil me it} do, God be your reivarder
Ft* C. /. Well, who would you bare to be
ponsel f
fif yonr lordship pleases, ftlr. Wallop^
hpxfi-ii. :nu\ Mv. Thonms llaraptield.
rf- C u as^ii^T^ued of counsel for
I veil, I ihink It IS noe im-
k»', Oju^o this occ*j*i*>o, to take no-
liiai H in my mind, relating- to your
I In^c^use f observe it is a matter of great
itioii, and *so ^^•ds M your tnirf, and here
Rt rrowii " " ' now; vhat as thii^
undr if t! I nt (ulU out to be a
Dent, unirii is the question that
btfffore the «*ourt> so that you
;,.,4..,.,^^t of high -treason paijsed
■r according to that jud^f-
[ik,.„ ...., ., , inc of thf?se 4CK) people
sr yotif auditurs at the time that these
lilt are thus found and a<1jnd^ed to bij
Oo, w^rt? spoken ? And 1 siieak U for the
of all eon?entiok'rs» and frcipieolers of
•fb mertinj^, (ts tht^se are. If yoo, that are
tttpTOfberf . and tcaebere, the mouths of such
s, do utter treason, and so they
n; 1684.— /or High Treai^n.
conceal that treason, what a condition are thejf
In? What are they guilty of ? Therefore,!
)>eople will consider, they would do well
think, that when they go to such places, th
go at a great peril ^ being to answer for thetii-i
selves, ^lieir lives and estates, upon the pru-i
dence of the expressions, to say no more, tba(
come from the teachei^, I only put 3'ou m
mind of this, because I would have all standers*)
by, and the auditory, which 1 sec is lery i^reafJ
ill mind, what danger and risk tbey run in lliitl
offending the law, ^^
Htn, My lorrK 1 do hcUeve, that 00 one iM
the world^ besides these witnesses, ihut heri^
were produced ag'amst me, can ever testify the
lenst disi"e&[*ctifiil woid spoken by me of tb
late king, or of his present majesty*
L, C. X Well; when will you be ready J|
gerit!emen ? *
Mr. Palkxfcn. My lord, we desire to hari
as much time to prepare ourselves as we can.
£, C /. TVo or three days time will servCbJ
Att* Gen. It Ls ^t we liliould kttow wha
points they intend to insist apon, that we 1
prepare to arwwer them.
JL. C. /, Yes, \es, that must be, but I 1
ceive his main objection is, what I tell ; let him^
be brouq-ht hy rule hither, upon Thursday, be«H
cause the »:oun may have time to consider of |
what shnll be said on both sides.
Rati. My lord, these gentlemen are Strang
to me ; hut I dare rt^ly upon them, tron
the character I have heard of them, that thej
will do tne all the justice tliat they can.
L. C, X Well, they are assjfjned of couns
for you. But 1 eon Id not forbear giving tha|^
hint that I did, ibfil this might bea warmng t«
people, how they transgress the law in gtnsg
to such meetings.
Die Mercurii, 26 Novembris, 1684'
Bex rcr, Rosewell. ^j
i. C* X 3Ir, Pollcxfen, hare you any thio
to move i*
Mr, Folleifen. My lord, I have one word to
move for myself, and the others that are ap>
poiote(l to be of counsel for Mr. Rosewell. W«^J
rJniik it our duty to apply ourselves to youiLj
lordship for this favour ; thai, to enable us tb*
belter to do our duly for the person for whom
we are assigned, your lordship and the cour<r j
would plea^ to order that we may have a copy'
of the indictment. We do 3cknof%ledge, that
It is not an usual thing lo have copies griuiieii
(thought there be no express law that we know ^
against it) in capital matters, but where any I
doubt does arise upon the petining the indict* (
ment, and counsel \s assigned to enable them to
do what is fitting for them to do for their clienly' 1
copies of the indictment have been granted ;
particularly in the case of Fitzharris, in order
to the plea that he was to put in ; and I my^
self was one of tb^ counsel at that time.
i. C. X Mr- Ptdlevfen, I make 00 doubt irtH
the woihl, it is in the jpower of the court to
order a copy of the mdictmeot, if tbey eeo
96SJ STATE TRIALS, dA Charles II. \6U.^1Vial of Jkmai Roseweir, [264
laid here, be so positively affirmeil to have been
spoken by th^ pilsner and to relate to the go-
vernment, asibey ought to be in an indictment
of iiiL^li-lreasnii f
Ait.Cen, That the indictment must make
(mt ; and the jury have found him guilty, ac-
cordinar to the indictment.
X. C. J. But that is his objection, they are
not so in the indictment.
Att, Gen, My lord, they are laid as the
witnesses swore thcni : as your lordsJiip can •
not but remember.
X. C. /. That they are not positively af-
firmed, but only alleilged under an innuendo ;
lliat is, he spokisiifhaud such v.ords, whereby
be compared tlic king in Jcioboaiu, and the
like ; and we had two wicked kings together,
but if we would stand to our principles, we
should overcome our enemus, innuendo the
king. The allcifging of the words spoken
in the indictniont is positive, if there be suffi-
cient matter in the words to make them ap-
plicable to the government, so as to make it
treason. Rut it you only say, he spoke them
inntirndu so and so, that fs not positive enough
to make the indictment good. I lake it the
«»bjcction runs tfiat \¥ky.
Rm. My loni, I humbly thank your loi-d-
ship for explaining my meaning : if is so.
Jr. C.J, In an acCum on the c.iSk\ if yon
say the defc-ndant ?fpaJco such and such words,
if you «lo ot lay it that he spile them of the
jdatnlid'; inv\uuni\ The nlainlifl*, in repent-
ing thi- voids uf.i't ^o. S) hfrc, if you had
bronchi it in the ii'ilivtnient, that having dis-
CfHirse o, t'.M ititv king and this king, he had
sp'^Un til. sf: wiird.s-, * ^Vi- lia^r now had two
•wicktd kif i;s ^<*' you lh«-n had hrou;u;ht it
hoint to liioi : hut Vini do not lay it that it was
spoken of th:>ni at all, hut only in* the innuendo;
vhureas yoiiouf^^h tosay.firNl, That bespoke
of the late kirg- and Uiii kin:; ; and then said,
We have hnd wo wickw kin«,'s- together, in-
vuutdvy t!ie J.ito kifii;, and fin's king.
Att. (itu. M\ lord, I do n(»t know how we
could have dom'it hiiiiT than wc haw done.
L. C. J, l/iok ye, we j'iu- no opinion ; but
the ohjfrtion has w tight in it, upon my word.
As i told you before, in comuK>n rasi-s' an ac-
ti »n of tlio case for word*?, or tlic like, yon
must lay a communication eonrc nii.iif the
plaunirt', or ati ^n1nfzndo^^l\\ not 1k! a sufficient
a^ennent oi' its licinar s[ioken ol' hiui. fn an
action of the (Tse for wonK-, till witliiu tlu*»c
seven or light jxarji, they were obliged to lay
a Coilwfvit'.m M (ht- plaintiff, aufl of his irai!*/;
and that to defame him, were Npokin of him
at sneh a time such word*«, a-? tdnt hv was a
rheaiiug knave; whew th." v. on] knaio would
hear an action, a bare innucwU* \\ uild not do,
that \\%v* ttnt nsOKs^li. !?ut, nou* 1 cimfiNs-,
since detlamUons aft made a little more con-
cise, you need mAy ^-ny **h!t {\v qiiUTente,'
Kueh aufl Mich words' without a Coifotptium,
but you mustavtT it t'.* bi» spoken of the plain-
tiff. 1 never thought it good in such a case,
to say of a roerchant, he is a bankrupt knave
(innuendo the plaintifT), unless be say he wgolae
of his trade and merchandise. So that the ob-
jection does seem to carry very much veigbt
in it.
SoUcitor General (Mr. Finch). My lord, if
y(mr lordship would give me leave, I would
endeavour to ansn-er the case as your lordship
lias put it ; for, my lord, no doubt in aU com-
mon actiant^ of llieca-^o for words, it must be
averretl that llie woi*ds wei-e spokeu de pemonm
of the plaintifl'; hut the fu^ part of the indict-
ment, m this case, shew tliat thf^ words mint
be s|M)ken of the jicrson of the king, z^A of tba
late kinijr; fur it siiys, he did conspire the
fleath and destruttion of the king, and to de-
fNise him from hi^i government, and to manifest
that traitcrouR, wicked iutentioti of his ; Em
inientione he did speak these words ot tlie go-
vernment, * We have had two wicked ki^
( ti^ether,' meaning this king and tlie M
king.
£. C J. Kf you had said so, that be spoktf
these words of the king, you bad answeraf
mv ol»iection , bu the coaspiracy of ll«! deitV
of' the king bi-iug ojily a general form for
treason, will not make good an indictnieiif
of high treason ; but you must &hew aooie
acts or w ordb to evince and prove that that itJW
his intention ; that he did either speak mh
and such words, or did such and such actinfJ
is not a good iudiciment to prove that faHl
ron^pLrc» for he spoke such and such words.
Lilt Ihmt to carry on his conqiii-acy he didspeak
such and such wordb of the government, that
must bi* pohitivi Ij allcdged.
Sol. Gf-fi. Wc do sfl my lord ; for we taff^
* et ail easdf -m nelandas proditiones,' &c. * pe-
- rimplendcs,* he ^poke&uch atHl such wom^
We have had two wicked kingn together, m-
iiuendo tliis king and llie late
Ij, i\ J. You ha\e innuendo^ J it too mutk^
T do doubt ; for all the facts are laid oudier HI
ianucndiX, without a poskiTcaverfnent.
Atf. Gni. My lord, 1 think it is as fully luif
'as il pissilily could be.
L C. J. Come, :^lr. Atloraey, if in casei «f
coinnKMi actions for words there be ?fuch strict*
ncas rtipiired ten timet^ more ought lherc?t«
he in an niljctment of treason, wUerw a man^'f
life, and all, is sn much Cfjacemed. f am not
siitiAfud. ] assure you, that ibis indictmtiit ia
wHt laid, though 1 give no opinion ; but in aH
JMstic4? w<' ought to asidgu him counsel to make
orU his ohjrcti.m.
An. Oi .!. All tiiis, my lord, is only in debj.
L. C. J. Mr. Attorney, '• Lie vita hominoi
* nulla TNt cunrt'i io loug^' 1 think we ou^
u> as>iiiin liinv cot n^t and the rest of my mo*
ilitTN- are of t'.ial opinion too.
Att Gfii. Lot them read rotoncl Sidiwj^
Trial," and the Indictment there, and tbeyV
find it the sanu- thing. *
L. C. J. I cani<olt*.n whether there are aow'
such iut.uendos th(Te, 1 behove not; but a
know not if tln^e wei-e, if in case it had [
« Sec vol. 9, p. 817, of this Collectiov.
8S5] STATE TRIALS, 36 Charles II. 1 684.— /or High Treat&n.
iwfcd in arrest of judgment, what the court
vould haf e dooe then. But 1 think wc ought
10 assign him counsel to make out his ob-
jection.
Sol Gem. The very fact that makes this
tnason, is his stirrinp^ up sedition and rehcllion
vilhin the kingdom ; and we say, to effect it,
Iwbad these expi-essions in his pulpit, we have
Bwbad two wicketl kings togetlior, meaning
tUf king and the late, who have sufici-ed Po-
MT to come under their noses ; but, if }'0u
vii stand to your principles, meaning the [ieu-
ple, we shall orercoroc our enemies, meaning
the king mntl government.
L C. /. Ay, but you do not say that he
ipeke thfse words of the king : this you shoukl
Hie nki at first, because the speaking of these
vffds b the very o%'ert-act ; and if he did not
tfak them of the kiug, wliich you ought to
lAm, hut only by way of innuendoj that can-
MC, we think, "be so good, nor sufficient.
JiBt. Wiihins. I take it t!iat tliese are the
mm words tliat are to maintain this indict-
■m of treason ; and the question is. wliether
Iky ought not to have Ijcen averred that they
vnt BMcen of the two kings ?
L, Cm J. We do not give any opinion, 3Ir.
)r, but because tliere seems to be some
doubt and weight in the iibjcc-
taifWc desire to have it argued, uud therefore
vMian him counsel.
Xml I humbly thank your lordship.
I.CL J. We do think it fit to look mto it, be-
Anevefiooeed any farther in a case where a
■■■?■«» concrrncd.
Km. 1 pny God to bless your loiilsliip.
L'C.J. Na\, you ha\e no nectl to thank
o» ; iBridesin^ to do justii% to all men.
Xn. But 1 desire to return my hearty thanks
ii mr lordship, fur evphining and making
iV what my unttkilfulntrss in the law wuuM
■M fftnoil inc to do. Gud be your rewarder
LC.J. Well, nho would you have to be
J»ir counsel .'
Rm. If \f nil- lordship pliases, Mr. Wcillop,
Mr. Pollexten, and Mr. Thomas ISaniptiolil.
^ £. C. J. \jcX iheui be assigne<l of counsel for
Mm. Rut. Mr. ftoscwell, 1 think it is nnt im-
(ra|i»T fur ine, u|ion this occasion, to take no-
i« ef this that is in my mind, relating to yo!ir \
lAir, because I uiiserve it is a matter Of great j
ilfi«.Ution, aud so uus at your trial, and here i
»» great crowd f:f people now; that as this
itei ts found, if the indictment falls out to be a
fMd iisdit tmcat, which is the question that
wtm dt.*fH'n<i> before the court, so that you
OHM to bavf- iud(rmcnt of high- treason fMissefl
■1^ you, and to suffer according to that judg-
■m. what uill become of these 400 people
%m we.t your auditors at the time that these
Mf^B, that are thus found and adjudi^ed to be
hHWv, were <;poken ? And I speak it for the
rib of all conventiclers, and frcqiient(*rs of
~ 'l Bwmigs, as these are. If you, that are
«. and teachers, the mouths of such
Df, do utler treason, and so they
[S66
conceal that treason, what a condition are they
in? What are they guilty of ? Therefore, if
people will con>i(lpr, they would do well to
think, that when they go to sucli places, they
go at a great peril ; being to answer for them-
selves, their lives and estates, upon the pru-
dence of the expressions, to say no more, that
come from the teachers. I only put you in
mind of this, because I would have all standers-
hy, an<l the auditor}', which I see is very great,
ill mind, what danger and risk they run in thus
oflendingthe law.
Rtn. ^ly lord, I do believe, that no one in
the world, besides these witnesses, that here
were produced against mc, can ever testify the
least disrcs[)ectful word spoken by me oV the
late king, or of his present m«ijesty.
L. C. /. Well; when will you be ready,
gentlemen ?
Mr. Poticrfen. My lord, we desire to hare
as much time to prepare ourselves as we can.
L. C. J. Two or three days titne will serve.
Alt. Gen. It is fit we sliould know what
points they intend to insist upon, that we may
prepare to answer them.
L. C. J. Yes, yes, that must be, but I per-
ceive his main objection is, what I tell; let him
be brouufht by rule hither, upon Thursday, be-
cause the court may have time to consider of
what shall be said on both sides.
Ras. 3Ty loni, these gcntlcnu-Ti are strangers
to me : hut I dar^ i\Iv upon them, from
the character I have heard of them, that they
will do me all the justice that they can.
L. C. J. Well, they arc assi^^ned of counsel
for you. Hut I could not forbc»ar giving that
hint that I diil, that this might lie a warning t(v
people, how they transgress the law in going
to such meetings.
Die Mercuiii, 26 Novembris, 1681
KeX VCr. ROSEWEI-L.
L. C. J. 3Ir. Pollrxfen, have you any thing
to move :'
>ir. Fof!f\fcn. My lonl, T have one word to
rnovi* for niyseir, and the others that are aji-
••oiiUe-.l to ho of counsel for Mr. Rosewell. We
think it onr duty to apply ourselves to your
io.d.ship for this favour ; that, to enable its the
i'tttcr to do our duty for the person for whom
\\c arc assigned, your lordship and the court
would p'easc to order thnt wc may have a copy
of thr indicUucnl. He do acknowledge, that
it is not an usual thin<>- to have copies granted
(thought there he iu» c.xpnss law that we know
at^ainst it) in capital matters, but \Uiere any
iloubt does aiisn upon the penning the indict-
ment, and counsel is assigned to enable them to
do what is fitting for them to do for their client,
copies of the uidictment haie hfcn granted ; as
particularly in the ca>e of ritzliarris, in onlcr
to the plea that he was lu put in ; and 1 my-
self was one of the counsel at that time.
X. C. J. IMr. l*olle\fen, 1 make no doubt in
the world, it is in the power of the court tr*
order a copy of the indictment, if they se€?
£67j STATE TRIALS, 36 Cuaelbs II. i6%4^^Tiialof Tkmim fUmweli, [968
ttaiue ; but. if }'0U remember (for you were of
oouDsd in tlwt cause too), it is not to be pnoted,
because it is asked. For my lord Russell had
no copy of the indictroentp though lie insisted
rery much upon it: And it was m the case of
FitKharris granted, that he might particularly
apply his plea (if he had a mind to it) to the
inuictment ittM'If.
Mr. PoUexfcn. My lord, I do not desire a
ropy of all tlie whole indictment ; but of so
much thereof, as may be enough tor us to
know the foundation upon which we are to go.
1 do remember wc were called in, in my lord
RusselFs case, upon the point of challeng^e, for
want of frecholuers ; but that was not in the
point of the indictment, and there I cannot see
what we had to do with the indictment ; but
here we must understand bow it is laid really
in the indictment, that wc may apply our ar-
guments to the case ; and that 1 bene? c was
never denied.
L, C. J. Look yc, if you speak to me pri-
vately, as to my own particular opinion, it is
hard for me to say, that there is any express
resolution of the law ui the matter; but the
practice has been always to deny a copy of the
indictment. And, therefore, if you ask me as
a judge, to have a copy of the indictment deli-
vered to you in a case of high -treason, 1 must
answer you, Shew me any precedents where it
was done : For, there are abundance of cases in
the law, which seem hanl in themselves ; but
the law is so, because the practice has been so,
and we cannot alter the practice of the law
without an act of parliament. I think it is a
hard case, that a roan should have oonnsel to
defend himself for a two-penny -trespass, and
his witnesses examined upon oath ; but if he
steal, commit murder or fblony, nay, high-txca-
son, where liie, estate, honour, and all are con-
ccrneil, he shall neither have counsel, nor his
witnesses examined upon oath : But yet you
know as well as I, that the practice of the law
is so ; and the pnietice is the law.
Mr. PolUxt'en. My loixl, we heard the other
day the indictment* read, and so may have
some little account of the indictment ; hut we
desir<> such a copy as may enahic us to ar^^ue
aswRoujrhtto do, and as the C4)urt will e\|H.'Ct
from us, U'liig as>i{^niMl by the court.
Mr. Wallop, My lord,* if we Khould offer
any thiiig tliut is iii>t in the indictment, it is all
one as ii' we heltl (uir rui)<i|riies ; and if we have
only a lo<*.se account ui' the indictment, that
may be as bad as if we had a false one : and
therefore wc desire, to the end that we argue
ad idem, that your lurdship witli please to fa\our
us, that wc may have a copy of so much oi'
liie indictment, as upon which our objections
may be grounded.
L. C. J. Mr. Pollexfen, you may remember
a particular case, I have forgot tiic name, but I
belief e you may remember it ; where a prisoner
at this bar desired to. hare the indictment de-
Lvensd to him to read, hut it was denied him.
It is hard, I confess, and so are many other
thipgv in the law j but 1 am wonderfully
tender of making precedents: tad thereforp, ii'
it has not been practised, I do not see how we
can dp it.
Just. Withins, That is the usual practice,
my lord ; but it is m the power of the court
sure to grant a copy ; or, at least, of so much
as is necessary tor them to apply themieivfi
to. There have been many cases of rourdcni
where they have had copies of the indictment
in order to move in arrest of judgment, at this
case is.
Just. WaUoi. But have there been aDjio
high treason i*
Just. Withins. 1 do not take it that then p
any difference between the one case aod tb
other, they bein^ both capital crimes; aiii
counsel being assigned, they must know wlMt
they are to speak to.
t. C. J. 1 would know when ever a com
was granted to enable the (wrty to more iQ
arrest of judgment.
Just. Withins, My lord, when there if A
motion in arrest of judgment, and counsd pi-
signcil, that is a thing the^ ou^t to bMNfi
how to demean them^vesm their ai^gunoMpilk
3Ir. PoUexfen. My lord, we sumnit ft #
you. We desire the favour that we may Ac-
quit ourselves as we ought to do, ami ap thi
court (we know) expects from us.
JL. C. J. As iar forth as I could do, hmg in
the case of life, 1 would indulge you : m I
tell you, I am lotli to be the author of praee-
dents in cases of this nature, one way or odi^ ;
especially in this case, where I know VM
cannot but understand, by what was firnf
here the other day, what tiie objectioii is, tad
where the stress of it lies: every mao aldw
bar must needs understand it.
Mr. TolUrfcn. My lord, we know peflpio
have various understandings ; and the caie ii
many times variously stated, not only in ow
minds, but in our books.
X. C. /. Well, we know you nndentanl
yourselves well enough : and what w« oouii
grant, we would.
Just. Withim. It may be Mr. PollesAtf
does it only to make way for an excuse, wk«
he comes to argue, that he is not so well pv^
narcd as he should have been ; but we knsjf
liim well enough.
3lr. Pollcjrftn, But, my lord, if we miiBlkp
words of tiic iudictinent,we hope your lordplap
will not tliink us im(icrtinciit, in having uadk
this motion, which is lor ourselves, not for oiv
client : and therefore, wc hope \ou will pardai
us, if in ease we mistake ; which we ooali
have had no colour to have desired, if what mf
had to sav, wore guided by a true oopysf
the reconf.
No co[)y was granted, nor rule made. *
* h\ Stat. 7 Ann. c. SI, s. 11, it was c»»
acted. That alter the decease of the person wipf
pretended to be Prince of Wales durmg the flk
of thehte king James, and since pretends i|
be kmg of Great Britain, and at the end oTAi
term of three years after the in
IJ STATE TRiAtS, 36 Charles \h 1684.— >r High TreMsm.
[270
DoiitMts Rrst vtr. Rosewell.
KibvMr ni>^i tvrll was liff)a«rht totbe
I cotitisel assigned
AUop. Msky It please vo«r lordship^ I
n*e\ for Mr. Roiiewelh by yoor lord-
{ippfHiiUtieiil, be being here a prtsoner
II ihc demise of her
ir«*ct, aslhesaineis
i gUiMi>> ittiiLtca, xc A^hcQ any person is
iodktiFd for hi^li trtusvMi or misprbioo of
UWOii, a liii iA'xha ^Uoesses that shall be
aeoid on the trial for proviDtJp the said in-
■ml, and of the jury, Qietuioning' tb«
DiaMm, profanton and [» I ace of abode of the
Hilirftiiefii^ >uid luioi^, be also ^iven at the
i%\i >y of the iudictment is
I Ik: r nidicted, aod that copies
^ictitietiiA i\}v the offeuces aforesaid,
I llMl, shall be delivered to the party
I ten days before the trials and in pre ■
I of two Of more crtdible witnesses, any
iitrary notwithstoiidinpf.
t. 7 Ann. c* 21, extended
"■IBpri^iiegc^ i^nich had be«n g^ranted by
ML 7 W. 3, «. 3, and was first a^^ted upon
Gordon's Case, a.d. i7Bt» io
pomnioti'luw no prisoner in e&pilat
ft^% iniitlt'd to a eopy of the indictment
B\ V of the proceed in ens against
|1 »t>6« it is true, hiive upon their
tet! on a copy of the whole
rtMi \ Itmh been ct>ii«tantly denied ,
' It «1» 4ktii«!4l iu Ihe case of lord PtPston and
(be fivo other i^entlcnien indicted with him, by
^"^ ^ littiouB opinion of the judi;es present,
'ared tliat it never hail b«^n jtrratitetl,
\ ttm^tnt\y demanded. And Itn^l Pres-
•aid that it was grtinted to lord
,1. f.^A i.v„ iu„t heaod«*)me others
if lb* I . ere of counsel for
tl||tlo(l^ .— .>'L «.,... i.iiu to denmud it;
' FoA, sailh he, we knew he could not have it
*hy law.' Lord Predion* not ^mtisfied with
flui iii«wer| prayed that coun^l mi^^ht he as>
hitit to arjnir tlmt point; which the
aitimoiislv -i bebg", iheynid^ >
i Ihat woi I i i a debate/
p«tatute of 4(3 K. I>, which had been
imtlfj insSated upon by prisoners in the like
tm^ was mxnth pressed m this. It is not in
{te inKmi? th«< Httlutes, but an attested copy
ftn fhe roll woM tetkA at the nrisoner's remieal,
Ihl if firinted in the triaK it plainly reialeth
in such records in whi^V '''^^ -nhject may be
intiltted, as ^ truittv't - '^ upon tmes-
* fiao» of pf irate nghi:' .../. .. .i^ctetli, *ThBl
' dl ytnam shall for the future have free ac-
* Qte to fliem, and mav huve exempUficationa
* •f tliicm w hethf ■ ' c for or aeai nst the
*teBj.' Tbit Hn -lion of the whole
now at ihe bar. jMy lord, I am informed (for
1 have not seen the proceedings itor heard'!
the indictoient read), that it is an indidmeiil?]
fbr treaBOnable worda ; and many treason
words ; and likewise, as 1 take it by iaforma*
tion, these words are aopfiad by divers innu»L
t^fiiioi ; 9o that, for augrht I can apprehend bjrtl
what 1 am informed (which I must still keen!
to) it is so uncertain I insensible, involved^ and ]
intricatei tliat no safe judjrment, as I humbl j J
coDceife« canlt 'U it, €
My lord , to c I ' - iMvords ; first, if ynuii
please^ I shall Ftaie lucm as disciiarged ofthe ,
innuendos^ and put them to your lordship /
barely and nakedlyi as ihey are'in the indict* i
mcnt^ and as they were sworn, and are to boil
aup^MVsed by the conviction to have been spoken* |
The words are these, as they stand dlseuargtil'l
of their inuuen^ojr : that ^ the people make ft^
* fiocking" to tlie king", onder the pretence €M
*- httalin^ the kiog^'s evil, which he could naft^\
^ do ; but we are they to whom they oug*!!! 1
* flock, because we are priests and propi
' that by our prayers can heal the dolors
*■ g^riefsof the peuple. We have had now
Mnckod kings together, who bave sufiere^l
* Popery to enter under their noses ; who cmtl
» be H' > > no Qiher person bat the
* wir' I inm : and if they would i
* to tlni. t"'^" 'I'lt'Sj be did not*feur but tltejrl
* should overcome their enemies, as in former f
* limes, with ituns-horus, broken platters, an
' a stone in A8ling.^
These, my k»rd, are the words nakedly ia j
themi»elves ; and tliese are said to be spoken ia^
a public assembly, where (hey were likely f»l
do hurt to the government, Thua, I say, they i
stand without nnv of the innutndos, Now,^
though your toi'jship will have, and justly i
ought to have, a good account given you of^
** In the caae of Chamock, King, and Keys,^
whose trial* came on after the passing this act^
and about a fortnight l^i'ure it took pla<v, they {
were denied a copy of their indictment | -
though they argiietl with a sjTeot deal of pla
sibility, that they were within Ihe reason
e^juitv of the act at that time, an much asl
would have been if their trials had been I
on a tbrtnight later.
'Mn these cases, and tn the case of tlie as« *
saaaines, whose trials come on lieforc the com*
roenceftient of the act, the prtsoners, as soon
as they had pleaded, liail copies of the ^
delivered to uiem ; and their trials were' [
poned, that they mi^rht be better enabled to
conduct themselves with regsni to their chal*
teages. But this the court declared to be
■Mtier of favour, and not of right: and coun
and solicitors were permitted to attend themim (
prison previous to their trials. This likewist.^
was an indulgence, w^hiehtbey could uotckim <
of strict right, and which in bad tiuios hatli i
been genendly denieil,'* Fost. Cr, Law» i»£8, ^
«99. [
tl^, ttio, pp« 1 , 3, 930 of the eMIt bvok, Mi J
East's PL Cr. oh. «. a. 48^^!. d^
ri] STATE TRIALS. 36 Ctt ARtES II l6S4^^Trial of 7Uma$ Rcatutif. [S
I vvortU m these, how lUey canie to he
n, even uking- tbem as ttiey stuml tlis*
linrgiHl of ihe vmuendot; yet 1 buniUly con-
Pivet vriili subtntssion^ th«^ tlo not contaiti
ny iaieftiion of (lepcK»tDg^ or' ^ the
insff aiu) so can bateiui trc^si>> mIiou
|ti tucin : ami then \yur lordship* i >-in>|)«&c,
FiH likewise exjK'Ctto l»a%'e a gfO<id at'tHnint of
tliese wori|}j, in another respect^ how ^oids^
which la the hearing of ihera bare!y ami
ily sjiokeiYi could nol carn^ a irpuMkrinhle
loti ; I say, how it cou\e% to pnss ihai in
irititiK' ot** them down in ati itidictraent,
bey bctfiiiic high- treason.
My l*jr l\ tliest' wui<N. us llirv stand dis-
, extmva-
1 It r towards
»tiren^y. ihuu treason, N» that a* ihcy stand
f^itboul further e,\[»laiialioti by au tnmtet/fin^
lii^y are fierfectly iiiseniiible^ and one cannot
tl\ M bat they refer to, or whom ; and if th^
Ofdx, Ej vi lermini^ wilbout further avcr-
uetit, cHjutain no treasonable intention and
fti ' 1 I ntly have no treason ;
and bard to main-
, ^ji'i xj, I in- ,ioiiijMy in nhichlhey
irere spoken, bein^' m»t into l^tin in an indici-
«iit, they liihoiiUl OL^otne tjf''»^riu ili. y not
Nig trt'&kon at Hotbcrbith» yy ' \vei^
olcen: bow t bey sboubt bi> tr «im at
lingatoni or bere, where thk-y aie dressied n[»
a anotlier form* Indeed, t know no way that
I can be doB<». but by abiding: some other worris,
some other bamT And, my bird, I snjnK*»*c
_ was ko done by lho!»e who framed this in-
ij<.ifnei!t that is Before your lordship* by iu-
ting" and adding tbts uiuttitndc of ittnvendM.
But I Bup(io«e, Uien, they that would insert
I trtnucndoi must bate a ^ood warrant to
I til era: iov if lliey are mserte«l wiiboui
nnt m law, then it must be acknow ledgfed
uie ))i;tt the indict metit is not |food ; ami f
llitmblv conceire it tu be a rule in law^ tbattto
nnuetttio can wammtably be inserted in an
Indictmatit, intbrmation^ or deckration, u\n>u
action of the case for words, unless the
leleiidaiit fn^ him^ielf be averred, and that
ectty, to bave mentioned a pertiornn certain,
I wboiti those wonls may be rvterred ; aad it
i uoi slide in by supposition, but it must
' in tbe body of the Uiiicour!ye of the dc
ndant. And tbe rttason i^ evident in all eases
r slander* anil particularly in these of tria-
ble uordti ; for how could Uie hcnrer under-
I whofn the preacher meant* or be tiiat
neonrsed so and so, and so be itiHuenced to
ebellion* uuleaa he had nametl the perAon of
I be spoke, as here, unless the fletendant
■med tbe kinqf* to wbotn tbe wordii lie
b should be referred?
My lord, tbe treason of the words is in
It trring up sedition and rebel li on ; and if then
the words cannot tenuinate upon tlie king,
and tlie hearers roul*! not collect that to be tbe
intention of the flneakcr* these wordi» couiil not
Inilueficf a people to rebeUiou und seiiition.
And acGordipg to Ibis rule, I conceive tliat most
of the ififiucndm in this iQcbctuictil ue ]
warrantable.
For, my lord* as to ihe first w^
Ibem in order, tboui^h I take ir, ttr
moat reuiote mutter from thi
yet lot us strike otf \hv^^ in-
ahm^* if we can, T
iSic, Ibe piK>p!c(ni'
lord the ! '
cure tbr
Here Iht in^, ,,f:
in J? the suhj«*cts of (
hud never 1
but tbe
tbe Moril :,
my lonl, i» als
cndo ; and ii
rh, with
1 of a naughtji
warnnt of
etidcaTourmg to give an orig-inal certainty
umfrtaio words ; which is more than ibe oS
ot^ an innucrtth will allow or warrant. I i
my lord, it always heara a bad face, irb
woi" lear with ani/tnii(/)</o ; and f
no vnn in the brcifuunfif ^^f
but ■ '
to I
Orih.'. i'.'i i> iiji.il li unniii-iw in- ll^rM in tii
Populus iiuiy intend any people, it may tat
the Fiench i>e*"il*^ *^"' VJng to the Fr
(and he does I i^'s evil in Ih
nmnner : na>, i to it* as a sole
him* \ns predecessors^ and successpra ]
only put that for an instance) j and
innutndott if you observe tbem, anc «(f '
nature, Tbe words first appear without .
light but what these ^upiKwitions givf
and therefore, I say, they ai c to be raj^
Fiut now, my lord, 1 come to thai \
more paiitcular* ^ Nos babuimua nu
*int: '• imul;' * We (me
suli -) • hare had two i
kiuj^. V ^ Cbarlfcitbe Fir
tbia kiau TSow that we say is s
If ether V I jewas no i^n^MiSm^
feingfs, TV or i^oci
bad, befnj ■scours*:, f
in^ to the olli ce o t a n j
are lo be appliad. My hi i
foL U* B. liaitbis case.
John Jeames brings his action against A5c
under Uutlech* tor speaking iU*
words concerning bim to oneJoL
*^ Uau|; limi (pr&edictum J<k
innuendo) he is full of the ;
the French pocks) I marvel ^
dictum Johunncm IlAnner in}i \%
drink with him (prv*-'" " m. i.
inniHtido) 1 will pi'
pocks {innuendo the : , . i , .
motion in an e^t of judgment^ it was ref»p|«
by tJie court, that jn every action of thu
for sbmder, two tbingh are re^juisite. Piij
that llie {lenson vvbo is scandalised be
S!iecondly* That the wortls spoken be app
slduder. Tbe ufilce of an tnnueuJo ts to-
sig^o the same person that has lieen nan
fore : And is iii eflect, instead of
But it camiot make the person certatti^
4
its]
I before. In the present case, it
m enient that the pluntiflf did speak tbe
earliof the defendant. But at to the secood
iaf, it did DOC appear that the words spoken
ii mean the French poeks ; and words are to
heti^Hi in muiiori
•Mich. 41. & 49 It!gin« £yz. en bank le
Rtv, entre John Jeames pi. & Alex. Rut-
Le jininiitRi ooniit que le defendant, ct un
STATE TRIALS, 36 Charles II. i684^^ High Treaaw. [274
And I humUy conceive this book is a most
pregnant authority, that states the matter
truly, with a judgment of law, and the reason
of it; and all the books that come after this,
borrow their light from what is laid down as
the rule of law is in this case ; as there are an
infinite number of them, which I shall not
trouble your lordship with particnhuising ;
only just to name some of them. 6 Co. SO
Hob. 45. and 2 Cro. 136. wherein they say,
that althoueb the plointifl'be particularly named
by a special name; yet if the declaration ooaoea
to name him in an action of the case for wordSf
at the first appearance with an tnntiejic/o, then
tlwt innuendo is void ; thougii his name be ex-
pressl)r alledged in the very words, yet they
will reject that innuendoy?^ not doing the pro-
per office of an innuendo ; and that judgment
shall be arrested, though the jury found that
the puty spoke such words ; And this is upon
the rule in 4 Co. before- mentioned.
Now, mv lord, to Apply this rule in the 4th
report, to the case before your lordship, we say
there was no mention at all before ot any two
kings ; nay, not of any king, in his discourse,
to which the innuendo should refer ; and the
innuendo being joined to tlie wonis first spoken,
without any discourse laid concerning such a
person, or averment to be spoken of such au
one before, the innuendo cannot give any cer*
tainty to that, which had no such original cer-
tainty ; that bein^ against the otfice of an t/i-
nucndOf and so is to he ivjcctcd. And the
meaniDg of the books, aud of that great rule,
which 1 first cited, is this, that the defendant
must himself, in his discourse, first set up such
a light about tlie words of the person concern-
ing whom they are spoken, that the intention
of the speaker may with case be collected;
then comes the innuendo with a beck or a nod^
as it wei-e ; and that coUecrtion is to be the nulus,
to shew who was meant ; but it is not sufficient
to give an original certainty, where such a oer*
tainty is not fixed before the innuendo comes.
The defendant himKelf must set up such a
light as will carry the intention to the end of
the discoui-se.
Then it is said. Duos iniquos Rega, in the
])liiral number ; meaning the lute king Charles
and lii*$ present majesty ; now king Cnarlea the
first WBi^i never pretended to be mentioned be-
fore ; why then, according to that rule, as to
liiiu the in/iutnJo signifies nothing at all ; and
then it must be taken in eoumiun undcrstanil-
ing, * We have now liatl two w iekeil kingys to-
ifi'tber,' innuendo^ <»ur s(»vereiijn loid the king
that now is, agiiinst whom the trc :im>!i must he
sail! to be connnitttrd : btit tliis i*; mmv harsh,
and inst-nsible, autl iiii)H>ssihle ; ii is irjish, in
vw. wiMHK^ *Z*°^ eonierenoe de le plaintiffe ,
U drfwdinl .dii. plaintifie al dit John Bonner
* huig him* (pnadictum Johan-
iDDnendo) ' he is full of the pocks'
the French pocks) * I manraile that
i^mf (pnedictum Johannem Bonner innuendo)
■i0ea&' [Bl * or drink with him' (praedictum
MMneni Jleenaes innueodo), I will prove
to he ii full of the pocks (innuendo the
fflMKhpodss). Le defendant plead non cul-
|tfr, ct fait troTe.pur le plaintifie, et damages
■Hw: Et luit move en arrest de judgment
eki ditB perob oe fueronc actionable. Kt
lHBlfe<|iieenGhescun action sur le case
ClMdcnma perob, deux choees sontreqni-
1. One le penon qui est scandalize soit
Mmu t. Que le scandal soit apparent per
In fili mennes. Et pur oeo si un dit
D precedent communication, que
eiits de J. S. (il ayant divers) est
Fekm on IVaitor, &e. icy pur le
nnul action ^t; et un
■e poit iaire ceo certain : Issuit si
iment : > 1 know one near about
e nolorions thief,' ou tiels sem-
i qoent le person est un soit nosme
. come si d^x parlant ensemble dc
JlClWdit. « He is a notorious thief:' La
JlftiB wm ooant poit monstre que la fuit par-
Jmi ie ley entre les deux, etque ]*un lUt de
*iy: * He* (innuendo pratedictum 1. 8.) ' is a
^MainB thief.* Car le office de un innuendo,
ete^eHteincr et designer mesme le person
S'bI Boame en certain devant : et en effect
eafieu de un (pnedict') mes un (innuendo)
SipiiCftire person certain que fuit incertain
ilMt: Car aerrk inconvenient que actions
^ Jpim — intnine per imagination d'un entent
[•KpRi^A^appicrt per les parols sur que Taction
, mce est tout incertain et subject al
ooniecture: Mes si un dit aJ. S.
art a Traitor,' fire, la ' constat de Per-
et action gist : Issint icy en le case al
leant le defendant et Bonner ad par-
4m pi' donques quant le defendant dit
him :' La (innuendo) voyle denote
lepertOQ nosme devuunt : Mes si le de-
■uins ascan parbnce del plaintiffe ad
* knag him,' &c. la nul innuemlo vo\ le
fieile person certain. Quant al 'i. si coine
^^mim) ne poit faire le person certain que
mMaia oevant, issint un (innuendo) ne
kvkeiatlcr on sence des psmds inesines :
•nt le defendant en le case a I
intiiie ; « That he was full of
~e the French |iocks)
m 9m qoant
.Ad ilainti
PMkiJCmii
cest * iniuientlo,' ne fliit son prnp-.c ofiice, car
ci'«) eonieude a exleiulcr a les iri^ncrul puruls,
' rhe poeks,' ale * French iMieks,' |ter imagi-
nation d*ini I'litfiit ijiie nc'st apiuirent per
aseun precedent paioU, a que Ic ' iumieudo' re
ferrer; Lt les parols me;iiucs secra prise Mn
* mitiori sensu.'
T
975 J STATE TRIALS, 36 Charles II. i6si.~TMl o/Thomat RMtwell,
a]| respects, both of grammar, and reason, and
law ; It is insensible, because it is im|io6Stble ;
and it is impossible because you must else
make two kin^ to be one, or one kiii^ to be
two, and tbc innuendo must serve both ways ;
which, I believe, your lordsbip will hardly un-
dertake to do.
And besides, my lord, there is another incon-
sistency in these words, * knbuimus nunCy^
that's contradictory ; hubuimus refei-s to the
time past, and draw^ one way ; nunc to the
time present, and draws another way: and
when there are such inconsistencies anil inco-
herences, how can any man make a judopiuent
in this case, where the lite of a man e8[iecially
u concerned?
But, my lonl, if huhnimus he tliat which he-
ingf first shall take pUce, then these words
reTer to any two kings thnt wc have h?.d, under
whom Poper}' hath been let in ; and so we must
run back i'rom Ilarrv the 8th, up to the con-
quest, nay, Iteycmd the conquest, tn»the Saxons
and other former kings, to the first that estah-
lishcil the Christian relipon, which was then
aubjec^t to the Papacy. And it will he hard to
construe them wicked kings for m doing at
that time; as any man's reading, thai knows
any thine of tlie^ history of Kngland, will ea-
sily tell Tiim. So that' it is unintcnigible and
insensible, e\'cn that way ; and, to be sure, if it
be 80, that we luive had two wicked kings toge-
ther, refoning so far back, it cannot at all con •
cem the present king.
My lord, I shall be short: I only stale these
things beinre yoii, and ivcoinniviid them to
your lordship's fousi<lcna1i"ii. Theu vume
these words, which ii seems nrc most i-elicd
uiwn. ♦ If they would stan«l to their prinriplcs,
* he did not ♦piestion, but thoy should be aide
* Inimicos suos vinren-,' hmnvniio the kin;: :ind
the government. Tliis is iho niosl insf nsibl.*.
as I apprehend, of all ; and it is iti th;* fatal!* ".;
part, it being there that the trcai»on must li>-,
if there be any. Now, my lonl, \\q tivst s»a^ ,
there is no mention at all of any enemies
throughout all the words pretcdt-Kl ; there is
DO averment that the king was enemy to any
My lord, I ^hall cite no books more
have done. I humbly' conceive, that ]
that great rule in the book 1 first men
and the reason of the thing together, >
subsequent authorities that I have citec
they stand so fair antl clear to avoid this
ment, that to tiouble yoiur lordship i
were to embroil the case ; therefore
say no more out (vf tlic books. Rut t
is a firm, rrasonablc, undeniable nde,
must rule all cast's that come under tl
son of it. .4nd I never heard tliat bo
ever contradicted ; but all subsequent
ments were agreeable thereunto.
Just. Withim. U'liat folio is it, Mr. \
in the 4th Rep. ?
Mr. Wallop, Folio 17. B.
Just. Hollozcaif. It is 's Case, h
Mr. Wal/op. Yes, Sir. My k)rd,
stripped the words of the innncndos.
will not, I am sure, put, nor can an in
put such a violence or force upon wore
make them treason, when in tliemselvi
have no such meaning. Innuifndos
follow the meaning of the wonis as the;
the reconi, and not to draw the meaning
wonlsaiW the innuendo; for you wi
(especially in case of life) press worda, o
them to speak more than willingly the^^
or intend. It is not the practice of the*
to do, to make any such stretches,
niniis emungit, elicit sanguinem,* 1
wrings the nose too hard, will draw ibrtl
that is the rule of thai great lawyer, i
Coke, who applies that saying to th<
straining of words; l>eyond what in tliei
they naturally and easily will bear. A
plu::) that God is not well pleasod wi
emupctions : n.'»r iJors the lew of the
all allow it. hut ahsoluiely Ibrhids it,
!:iw orKn-rhud spoaiis thus, • Indubii
, n^rnlilKiv;, l>enignior senPU9 est prsfei
i in all duinous, unco'.iain, and genera'
tliomost hcni^'u and candid inteqtretati
I l)o taken: so that if there should be
about ill r\sc vords. what si;nse they b<
it that the king was enemy to any ' in, the law of Ku;'!and do?s injoin yo
body, or any bod3^ to him : and there fore the ■ ship to ta\r \\io \vl\y iUm Wffi on the ngl
innuendo^ for this reason, is to bi i>(y^(:i;.'d ; and
the rather, in that il unLkcs the king and his
subjects to be enemies one toimotlipr; vihioh i
is an imputation that ought not to he aiiiniited ; !
and. I dan' suy, will not be hy your lordship.
Therefore, in this ease, to put'sucli a sense in .
such a weighty matter, beiug u nsattcT (.f fact, '■
upon such uncerlaiuticsi, witiirtut an\ further I
averment of the intention and ni< aning of the
speaker to be so and so, and without an\ thing
hut such innttendotj is very hurd : tor n(>\r !
pcrluips tl.ejur\ only from this innuendo v. t-vc I
pcrsy.uicd that* all tlicnko things pointed n|Km I
the king and the govcrinnent ; and dil tidvC it 1
that the lav/ was tm ; that the ivords intendetl ;
us much : then do they give their verdict of a '
luattf 1 that was never aVerred, and tor want of I
an avcrnifnt could no^er be put in issue, so ' ^
tliat the parly could hare a trial, whether he ^ iiou of the Vase
were guilty as iliu indicliueut sa) <»
and iiiuko tl: > most j'.i« ourihie const
that can he ot iljciu. We ..■ly ihon the
as [ coi^coi^c, siariiliii-,'' qniu; othcrui
wiih(»ut \\ic tn.njendi, an- insensible,
nncovtain, to nhat t'.i\ shoidd lu> ap|
to whom : and iIkm) it thoic >«hoidd be )
though indirnd in one respect I ihink
non*^, \etif th«>re should remain a doul
your lordshi|) iiud the court are to ta
vJtich is iiii- uKtst !iiild and grntit: May
biruingthcM' words.
My lord, 1 hhall not trouble your 1
fin-tlicr in th:> matter, tor I think it is
its own ligiii. and those tew touches
li:ivc i!fi^rn of that gcneial rule, Lsap
th.r praliculnr case iKfiirc yourlordsh:
I dn r;i qutsti<;n, but they \vi!l be ap]
ycui lordship and the court in their oo
therefore 1 Ia3' it
STATE TRIALS, 36 Charles II. 1684..— /or High Treaaom. [21S'
»'• ftet, •nd hoRibly pray, that the
Bt BMv be armted.
'oMeWen. M y loni, T am assiffnetl hv
1 tube of couiiS4'I for Mr. Roscwcll,
mer at the bar, ami therefore humbly
our k»rdsbtp would please to spare me a
tbe same side with Mr. Wallop. The
It is, this part of the indictment, hath
I, aocordiiiff to what our information
hy Mr. iVallop; hut lKN:ause there
! many words in the inrlictment, and
e ao, aonic of a higher nature than
Acftfere I hes^ leave to put the words
Las they lie, and 1 shall endeavour,
istfioD to your lonlship, to shew what
re in themselves treason, and what are
■m, thoagh they may be a great mis-
oar, and highly punishable by the law
the court.
Mnd, thoufE^ the statute of the 25 Kdw.
provide that for the convicting of any
WDy there shall be an overt-act,' yet I do
I, nor <lo I think, but that tliere may l»c
bat are an overt- act, and consequeutly
, within that statute; but then what
worJs these are, is that which 1 would
^ afler to your lonlship to discourse of:
' bml, it plainly appears that words in
btiy that are very evil and wicked,
Mt tnaaon, nor ore to lie punished by
f Aat statute of the U5 Kdw. 3. As in
^117. and iUr,. iU}^\\ Pine's case. '^
£ there spoken by I'liie arc most evil
I wordi, yd by all the judg-es of
jfttkay are am'ecd niit to be treasnii.
t^itlf hnrti, iora furtlicr determination
IjpiiM^wbat ^\o^d:i:l^c treason, and uhat
fv ae leave to inc-.itiun the statute of IS
^vfiich 1 uiiilerMund to be the statute
vbich the prisoner is indicted, and the
of that .statute : lor the tirst
is treason, aud the second
mat treason, but only misdemeanour:
M second brunch ol' the statute says,
any person siinll maliciously and ad-
' foUiih or alHiin the kin^ to l>e an
tar a papist; or timt he endeavours to
IBS Popery, or maliciously and advisedly
tfa^y printiui;, pix'achin:<^, or expressly
Bg, publish uitcr, ordcL'laru any words,
an, or other thin^rs, to stir uo the pcoph;
icdor dislike of the kiti^'s pi'rsou, or tho
itei government ; then he is disabled to
Vcurcisc any piuce or utfice, civil or
y,aod be liable t<» ^uctl further punLsh-
aa by the comiuun luw^ oc statutes may
Ukti in such casos ; by wliicdi, I take
>f sning to be Hue and imprisonment,
1^ poniihmeut ; but not the punishment
kttppaiated to th.; judgment of high-trca-
fMKofliibor membLT.
My lord, I humbly crave your
(jadgment whether this shall be per-
Mllie ooiiDsel slioidd enter into such
mi'wm ikm. The question, 1 take it,
fjpL 1^ f. 9M| of this CoUectioD.
that your lordship appointed to be 'spoke to, is,
whether this indictment as to ibrm be sufficient
tor your lordship to i^ivc judgment upon ? But
Mr. Pfdlexfen is yfoin&f into that which is a
far ^eatcr point; whether these words ab-
stracted from all their innuendo are treason,
or no ? My lord, the piisoner did not move
that in arrest of jud$:^ent; and" whether voiir
iords!iip expects any such thing shoulil be
spoken unto, that was not moved "or stirred by •
him, I must submit it to you. The jury found
that these words were spoken with an intent to
depose tbe king. ^Vhether that your lordship
will permit it to be argued, whether such words
are tn-ason in their own nature, is of quite ano-
ther consideration.
Mr. Fu//t.r/t/i. Good Mr. Attorney, Pray
spare us. \Vecome to shew that if in their
nature they import not matter of treason, then
the innncndos cannot help them, so as to- .
make tre<ison of them.
Att. Gen. Tndy, my lord, I did not un-
derstanil that it was your lordship's pleasure
the counsel should have liberty to argue any
such thing, as whether the words be treason,
Iming found to be spoken with such an inten-
tion ; but whether these innuendos have suf-
ficiently lieen laid to maintain the indictment in
point of form.
Mr. iW/cM/t/i. If 3'ou leave out the words
imnicndo'd, then sure we may s[)eak to the
words themselves.
L. C. J. I Milk yon, 5Ir. Attorney, either
you mistake Mr. Pollexfcn, or I do : For I take
It, that he is entering into the consideration of
these words as they arc laid in the indictment ;
that are uncertainly laid, so as that they will
not support an indictment of ti*eason.
All. Ocn. My lord, he is arguing, that if
tlu^y «ere spoken of the king, yet they woul(i
not be treason.
L, C.J. Mill ho say so? 1 dare say, be
vi!l not.
Alt, (Jen. He is arguing upon the statute,
what words are treason, though spoken of the
king, and wliat not ; \\hicli i take it, is not the
question now.
Sol. Ucn. My lord, we humbly offer it to
your lordship, whether it be according to your
lordshipVs rule and intestion, that he was to
argue wluihcr the woi-ds were treason ; or
only whether the form of the indictment, as to
liie inr.ucntioSf was good and suiticicnt.
/.. C. J. 'J'aking the words to be sufHciently
set forth in the indictment, and found by the
jury to be spoken of the king, esi)ecially the
last words: Do you think we would suffer
that question to be debate<l, whether they were
treason or noli' Ciod forbid. 1 will not sit
here to hear that ipicstion at all so uuich as
made or put, Pll assure you. 1 took him not to
argue at ail any thing that way.
Mr. Po/Zci/trt. Pray, my lord, hear me;
I am going' only to this; for 1 would not
offer any thing 'bc^yond what is lit for me to
offer, and for the court to hear : But this we
say, that the words, the effective wor^ki, are wi
4:
t79] STATE TRIALS, 86 Chables IL l6M.--Trial ^ Thomoi Roumdlj [2M
80 siifficieotly laid in this indictment, as to
make tbcm amount to treason, I am only
going to that.
L, C. J. Ay ; that in the stiiisrinip ]iart of
the iiuestion, :uul su 1 understood aim before.
Mr. FoUerftn. My lonl, I only mentioned
thatiof the statute, that there were two sorts of
words there taken notice of; to shew that I
thoii^t these wurds were nut within that branch
that is said to lie trt-ason.
L, C. J. Well, jfo on.
Mr. Folic rfin. I will keep myself to the
first clause of the statute ; for what I mean, is ;
this, Tluit if these words come not witliin that !
fuvt branch, which niak^ the treason, then !
^our lonlship rannot {^ive judji^'ment upon tliis !
mdictment. For thoufrh, my lord, it may be '
these words are extniordiiiary ill, and being ;
spoken or preached, may have an ill sense ur
meaning with them ; yet I would observe to
your lordship, there are other penalties and
Suuishments provided for some sort of words,
lan there are for others.
But then, my loni, let us consider the words
of the first branch of this statute. If so be any
person does com[)ass the death, or bodily re-
straint, or other harm to the king's person,
or to deprive the king, or levy war against the
king, &c. and this compassing and imagina-
tion does express by printing, writing, preach-
ing, or malicious and advised speaking, they
chall suffer judgment of high- treason. Now
tfien, all that I would come to, is this, that this
same treasonable printing, writing, prcac^hing,
or speaking, must be of such words as shall
intend the death, bodily hurt, restraint, or im-
prisonment of the king's person, or levying of
war.
My lord, having said this, the next thing is
to come to the words themselves, and to take
thcui as they are in themselves, without the
innucndosy and see what the natural sense of
them will be : And we will take them in the
natural order as thov are laid in the very in-
dictment, and found by the jury.
The first passage of them is, * quod Po-
< pulus,* i^c. (meauing the neojik* of Hngland,
* the subjects of our lord the king) ^ made a
* flocking to the king (meaning our said lonl
< the king that now is) to cure the king's evil, I
f which lie could not do ; hut we ^re they to
* whom they should come, being Priests and •
f Prophets, that by our |>rayers can heal the '
« griefs of the people.' N(»w, my lord, with
humble submissHm, it is plaiii that as to these
words, they have not in theiuselves any ten-
dency to treason at all, whatsoever rejection
they may m^ke upon tlie king ; they are the
wonUof a priest niagnilying i.is own oiKce,
and his power with God *Ahiii«;lity ; hut they
do not come up (I tliink; to this crime, ibr
which the prisoner at the bar stands accused.
Then the next wunis tliat follow, are these,
* Nos habuinius nunc duos iniquos R* gcs
* insimul, qui i»eriuisenint Homanaiu super-
* stitionem intrare in eorum cons)>ectu, Jkc. and
* who oaa be likenad to none but wicked Je-
* roboam.' My lord, these, I do acknowledn
are very wicked and bad words, espcdiulj
if they must be applied, as the indictment bu
set them forth, to the itte king, and his prs*
sent majesty : Yet these very words (under
i'avour) will not amount to the charge of bicli
treason. 'Vhcy deserre very severe puniu-
ment ; but they seem not to conoe up to soy
thin^ of an intention, or compassing, or »
signing the death, bodily hurt, or imprison-
ment of the king ; or the lerying war s({^nil
him. This I speak, my knd, with submiMoni
and 1 believe your lordship may be of the saon
mind.
But then, my lord, the next wor^ that
follow, are the words (1 suppose) that are rdiad
upon, to make out this accusation ; * Quod si
* ipsi starent ad fundamentalia, ipse
< timebat, dkc. That they should eve
' their enemies, as in former times, with i
< horns, broken platters, and a stone in a sliiy.'
These, my lord, seem to be the words in wkidl
the crime consists. Now, my lord, if tbcN*
words in themselves are so uncertain, or aadi
as do not tend or relate to the present kij|y, ar
the present government, to stir up seditMin ar
rebellion against them, then they will noi bt
treason, because they do not so reute.
Now, my lord, these words, if you take thai
alone without the former clause,^ Noa baW-
< mus nunc duos iuiquos Rem insimul,' te,
closed with the innuendo^ Uiat he meant fim
late!
can
government,
art. Which way can it bef 'If they
* stand to their principles, they should ofai*
' come their enemies:* How can thev be i»»
tended to be meant of the king, and nialoval
subjects ? Then let us consifler the words tw
go nfoi-e, whether they will help any thing tr
no ; ' habuinius nunc duos iniquos Regea ia^
* biinul'. These words of themselrea, atii^ar
the innuendo, do not express what two knfB
are infant by them. If you take the wwii
strictly, that' * We have had two kin^ avw
togeilier, insimul,' as the word signiQca^ i|
must l»c iwo kings at one and the same liflM;
But take it in the English phrase (as perbuA
thoy would ha%e it turned into English), « Wm'
* have luul now two wicked kings tOKethart^
(meaning the late blessed martyr, and Eia now
majesty), then it must be, we* have had imw
two kings successively ; but it is a
thing to render such Latin into such £ng
wluch s<>eins to he, in the nature of the i
theinseh os, such as will bear no such senaa ac
construction as thqt. And then, the ' qui papt
* iniserunt Romanam superstitionem intraie \^
* eorum cnnspectu ;* if the first words do Ml
in themKelves exprfss what kings were maaai^
these words that follow can gi\c no manMrfl
certainty to them at all : For here is nal ft
much as any innuendo; nor can the
that follow them * (qui assimilari poasiiut,' ^
which can be likened to none but wicked Ja
boam) in any sort, shew iny ^:ertfunlv |q \
lea witn tne tnnucnao^ inax ne means ma
\ king, and this, 1 see not possibly how thqf
1 be said to relate to the present king aai*
ernraent, to make them treason within ihii
. Which wa\ can it be ? 'If they wwU
STATE TBIALS^ S6 Cicahles U. 1684.— /w* High TrmM.
[98S
lOB to be tppUed, or Ofliitnte whom
r tint which is the next claii8e» if the
k of ell; 'Scduipsistarentadfiui'
J &€.' * Ipi* in all ordinary con-
in of epeech lo all language, being
lA to the former words (and so I thiqjc
le ia the grammar is and will be read by
eaaoBaUe person that reads) must refer
Best aateoedeat. And then, who are
hit are last spoken ofP It must be the
ached kings, let them be who they will,
rare meant by those wicked kings ; for
is no other person that does intervene, as
B ef, to whom they should be referred,
■mer words are spoken in the first per-
■d pkirmi number : We have had, speak-
the Dame of himself, and they that were
riitors, and then to come with iDfi, after
I MBtioned two kings, who h^ suffered
!y to eome in, and were to be likened to
changes the form of the whole
diotment has not pursued them, hat has
of that, to be quite
L It sbonid seem, according as it is
i the indiisCment, to run thus, and then I
i|— f lordship to consider the sense and
■vef them ; ' We had now two wicked
pstagwilifi, who have soflfered Popery to
n nnder their noses, we cannot compare
■to any but widced Jeroboam : And if
^vaaklatand to their principles, then he
ht but they shonkl ovei-conie their
I in former times, 6cc.' Why then,
" ^ to qprammar, and ordinary
a relative, must refer to that
i before, there is notlitng in all
ihdorc, but. We, tliat is, lie and
|i|iblhat iM^ni him, and the two kings
nbifeke cd'; and the two kings being last
bi(itmii&t ill ali grammar, I say, and
^Ae anderstood of the kings. Then let
1^ what sense we can make of it; 'We
mhsd two wicked kings, that have per-
jtol popery under their iiuses, that they
ite compared to none but wicked Jero-
■ : and if they stand to their principles,
M not fear but they (the kin^s) should
HMse tlieir enemies.* In all onliuary and
toduming, I cannot see how tliey can
li^ hot the ipii must retier to the regett ;
ihin * £orum fumhitiiontaliic, ipfwrum
a* if you take these wonis, as they do
if they have any sense or meaning at
etfMm, this is the profier and natural sense
■nniiig of them.
^Mia pretty hard to apply the *• Nos ha-
fc.nnnc du(n» iniquos lieges,' to the
•tarent ad fundamenuiia.' lu all
f be spoke it thiis, if it continued on
e, which I can say nothing to,
speak to the words as they arc
r indictment, < And if we do but stand
, I do not doubt but we shall
r enemies as formerly,' &c. But
I of ihe person, and, according
l4»nstnictioo, we know bow
The other seems to be
fof the words; but the in-
them wstead oi uhm, &v uc 4UU0 uwum.hot., ■
nosing them to have been spoken as the juiy
nave foimd them.
But, my k>rd, if they do not well bear that
sense, which I think they sbuidd properly ami
naturally hear, if they had been right laid, the
question then, whether we can make these
words, as they are laid, to bear any such sense^
as the king's counsel, by their innuendoi^
have placed upon them ? that is, if they,
meaning his auditors ; < should stand to their
* principles, then* thev should overcome their
* enemies,' meaning toe king and his loyal sub>
jectS. Truly, my lord, I cannot see how that
can be, how ip$i should be me ; I and mine
auditors should stand to their principles.
But setting that aside, come we then to the
main words. « He did not fear but thay shouM
overcome their enemies.' The gvM force of
these words lies in the word enemies. What
is meant by enemies? For all the rest without
that, would not signify any grest matter, with
submission to your lofidship, as I think : And
therefore here cornea the great harden, and
that which is the sharp sting of all this indict-
ment. And to make enemies to signify the
king and his subjects, my lord, is a very won*
dcrful innuendo, as 1 believe ever wss attempt-
ed to be made. So it seems to me, with submis-
sion to your lordship ; the word enemies itself ii
a word of so large comprehension, that it reaches
to a great part of the world. God knowa, man-
kind is so very uubappy, as that every one
hath very many, and too many enemies. Who
is not anenemy f A man scarce knows ; it is
well if he does. And this is a thing that'a
mighty hard, that so general a won! should
have so heinous a particular application.
There then rests the buruen of the case,
whether inimico$ should signify the king and
his loyal subjects. If in the natural grammar
the former words of *• Ipsi starent ad funda-
*• mentalia,' be, as I have shewn, to be referred
to the duos Reges as the last antecedent, then it
inuKt mean, thst the duo» Reges would over-
come their enemies, and then there is no hurt
in all theiie words, but whatsoever was spoken
is very commendable, and very allowable:
But if you would take it otherwise, 1 see not
how it c*an be done without the greatest strain
in the world of so general a word, to make
mimicos mean the king and his subjects.
Now, my lord, let us see how they intend to
help it out, and tliat is, by these mnueudet^
The nature of an innuendo bath been already
opened to your lordship by Mr. Wallop. I
shall not repeat sny tiling of that which was
said before, for that 1 cannot take to be any
service to the prisoner st the bar, to take up
your lordship's time in repetitionR. The hooka
have been cited, and reason itself will direct to
that ; for must ni»t a man be convicted by hia
own words, as well as punished for them f It
is not, sure, the skill of the dork to put in an
innuendo^ or of any one else, that shall be eon-
struedto make my words tu hafo any other
S8S] STATE TRIALS, ^6 Cuarlbs II. 1684.— Ti-ta/ of Thmuu kosewcli, [S8^
seiuie, than I that spake them intended them in.
If the words are not clear, why then tliey can-
not affect the auditory, so as to have any evil
influence upon them, to incite tlicni to sedition
or rebellion; for sensible words must influence
sensible men: But words that arc insensible,
can have no influence at all upon rational crea-
tures. «Then shall an innuendo make that an
offence, without \s hich it was not an offence ; es-
pecially so ffteat an oflcnce, as that ot* high-
treason? Surely not.
Besides, my lord, all our books are against
making any such construction. Unll's Abr.
1. part 84. There is a whole b«»d-roll of them
to prove, tliat innuendas will not help, where
the words in themselves have any inocrtainty
in them. The bare setting down the words
with innuendos are not an averment sufficient
to maintain an action, or an iudi(*tment. The
cases there urc indeed upon actions of the case
for wonis, which in reason are under the same
rule.
For, my lord, there are two ways to apply
words that are uncertain, to bring out the true
intent and meaning of tiiem, to \f horn they
are to be applied ; the one is by a colloquium
precedent, and where there is a colloquium
preoedcut of such matter as will lead in the
ause of the words, which iiithout it were not
to be understood, thcrp the laying that coilo-
quium makes the wonls rnnic to be sensible,
and there is thij» reason for it, whenever that is
done, the colloquium uaist i*oine in evidence,
and must be proved : But I never yet know an
innuejidoolfeved (o be proved. AnolIuT way is
this, where* \vori!.> 'jlvv. i'.iid in a drclaratiuti with
an averment pre cetlcnt to he spoken of sneli a
person, then the woids, uiili an intmcudo afu'r
that averment, ^hc^v stitliciently what Ls meant
by them. If so be soaudaloiis words are spo-
ken, as to say, ''Thy landlord, your brotlier,
* your mastor, \oiir servant, your son, is a
* tliief,* or tile !il;e : In these cases the words
in themselves do not express the man of whom
the scandal is raised, but they give such a de-
nomination of the man, that may by the hearers
he siiflicienily known. >Vliy then, in that
case, if in the declaration it is averred that the
plaintjtt was his lanillord, was his brother, was
his master, was his servant, was his son, anil
that thesif words ^\ore spoken of him, aiid
tliereby it comes fh be made apparent to the
court what is meant, and who is meant, thai is
well, and all tiiat nnistl>e ]iroved to the court
upon evidt ace, or the aciion cannot be main-
tained, by such means as this it is made plain
and demonstrable, tbat there can no doubt re-
main, either v. ith the court or the jury, to whom
the injury is done, and of whom the scandal is
uttered. And these are the only two wa\s
tliat ever I could observe were allowed to be
suiiieienc to maintain any such action : And
there the inuutudo comes very properly in to as-
siiil the averment, or the colloquium.
But now, my lord, here in this case, here is
nothing of that kind, but only a bare innuendo
that such and such were moBBt, without either
a colloquium that there was a discourse coD'
cerning such and such persons, or an aremiMit
that the words were spoken of the persons.
,My lord, I cannot tell what precedents they
willofler to vour lordship of former or latter'
times. We nave had but very little time to
loi^k into it, and have not that recou rse to the pre-
cedents on the crown's aide that the kuig*!
counsel have. But, my lord, for precedenli
that may have past sub silcntio ; witnout hiT*
ing the question stirred, I suppose, will not
be allowed by your lordship, and the court as
Erecedcnts against as. But 1 think there will
e no instance given, wherever any such
thing cams in question, that ever jadgnMBf
was given against the defendant.
My lord, this seems to be the sense and na-
ture of the words as they are laid in this k*
didment, stript of the innuendoi, and jovr
lordship knows what a case we have now be-
fore you. We are in the case of the life of »
man, which is much favoured in law, and if
there beany doubt or uncertainty, your lord-
ship will lean rather towards the isTOurabl*
side ; and if, according to tlie rules of knr,
words to make men criminal shall not ho
strained, or forced beyond their plain, natani
meaning, sure they shall not to make a nun
capitally so : For the greater the crime n, th^
greater consideration the court will hoYO to tee
tnat there be no strained, forced constmctioM
to bring the life of a man in danger : And
therefore 1 humbly pray that judgment mj
be arrested.
Alt. Gen. Alay it please yonr lordship f
am of eounsi>l in this ease for the king : and
notuitiisiauding any thing that has been laid.
I do conceive, that there is high-treason wdl.
alledged in this indictment, of which the pri-
soner is fuund guilty against whom I
niand your judgment. 3Iy lord, there is agieal
diirc.-x'iioe in this matter ; that is, whethct
the words nrc treason, as they were spoken If
him, Kud whether or no this treason, admitlaitf
it to bo trea<;on, be well disclosed by this iih
dictmcnl - For, my loni, I think to preach md
public BS^einbly, that ' we have had tiNi
* wicked knv^s togetiier, who have pennitlii
* Po|iery to ttome uadcT their noses,' and thM
{ to go on with it to * Stand to their principleiP
' (for so the wv)r(b are laid in this indictrnM^
* and they should overcome their enemies li
^in tbrmer times, »ith rams-homs, brokM
* |datters, and a stone in a sling,' is a
high aggravjition of sttch words. And,
lord, if you re.iicmher the evidence, as I
not you do, it was all spoken in a publio •#•
sem'bly, before 4 or 500 people, and they
spoken without any words intervening r
soever. These \\ ere the only words that
spoken relating to this matter : So that
mubt carry their own pregnant sense with thev
of exciting the people to stand to tlietr an'
against the wicked kings, or else they ara
no signilicatlon. And thns they are laid m 4
indictment, and fonnd by the jury to be opahk
positively to stir op the people against tfiaki%r
STATE TRIALS. 36 Charles IL l684^/or High Trmon.
[386
cat him, and to nue rebellion within the
on. This, I say, is positively afQrmed,
id dMm in the indictment. *But, now,
icr or DO these words arc in point of ibrra
I, tint the court must understand tliem
dation to the ktn^ and government, and
■igomait to st'u: up the people, is the
m I . For if they be so, then they are well
laop'port this conviclion of treason.
vlorlbaC,my lord, I would only first
bey must either import treason in them-
« or they do not If they do import trca-
I rhriiiiiliiiii, no addition of the person
raio^ whom tliey were spoken, as that
pcre spoken of the kinff, will mend the
or make it better. Though it be laid
■I much to be spoken of the kinff, and
e Bcrer m> much averred, yet if it he not
a to disturb the government, or to raise
Ml and insurrection, tlie adding a thou-
imea that it was spoken * de Domino
Se^' vouhl not avail. They confess they
■• pracedents to produce, and I believe
Ihej have not : And so they only go by
€ migunnent, taken from actions upon the
br wards : Whereas there is a great dis-
f m die case between actions of the case
■ii^ and informations or indictments tor
I Art are criminal or capital ; and I know
£*il look into the precedents that are in
ihe entries, and m the reports of in-
ptfm or indictments, they will find it is
amwtry seldom, or rarefy done, it being
^maa to no purpose, or as perfect sur-
ip^HbTthat such or such a thing was
lHbk^1leI>Draino Rege dc GubeniRtione.'
Ihflmaal cases, and not capital, it is com-
l^tfl^ of which tliere are multitudes of
■■i: That such a one lieing of an ill
^li fMe oommotion in the kiiu^om, and
^mUotky sfioke these and these words.
pM the constant form in your lordship's
lordship can remember in the
\ that were, or the indictmeats of
H that had spoken words relating to the
^if York. I can remember when your
H^ wed to say, * Never consult me, but
nr the ancient prrcL'diMits,* which I dare
rtribe to say are all thus, and so I shall
p.lgr and hy, it has U'cn in indictments of
n: And though, perhaps, one or two
H at any time be otherwise <lrawn (nf
kjct we can find none), yet, this hath !
Mbaeooatant form i'or any tbing that I can
eit kof very great consccjucnce to say
m 9i day, that what has for hundreds
■mtaselher been the constant practice,
'Wf^ Jf indictments and informations, is
|ppi^ it were to turn all things topsy turvy,
MMhr jgieat confusion in prosccmtioiis,
■anmclMae of the law, in criminal mat-
haB therefore shew your lordship that
'i a certainty as the taw does require
" 1 that the words
must have
I down in the in-
HiliBelhBgelse.
WmXty practised, and thai
bwva such, tliat they
rwhat we have laid down
But then they do lay down ^is fbr aground,
which I think I may grant them veiy easily,
and yet it will signify nothing to what th^
mean ; I would wipe ott* all these innuendoSf
leave diem out of the case, for 1 never expect
any heJp from them at all ; and then 1 do
agree that an innuendo^ without a strong, ur-
gent averment that the people which hear the
words spoke, and the court that are to pass
judgment upon them, shall say forcibly ap-
pears from the words 'themselves, who was
meant, aiid what was meant, will not support
the indictment, nor has the verdict tbrtitied it
at all.
But they tell you in actions of the case^ if
John-a-Stilcs be*^ called a bankrupt, if he will
bring an action against the party that spoke
these words, he must aver andamrm, that they
were spoken * dc Querente,' of that particular
person that doth bring the action ; and so it is,
the law is so, and the reason's plain, because
there are many John-a-Stiles's perhaps, and
the plaintiff that brings the action is but one ;
and therefore, if he does not shew that the dis-
course was of that John-a-Stiles, who brings
the action, it is uncertain who was meant, and
cannot be supported by a bare innuendo. But
I take it in these cases, wherever the prece-
dent averment is necessary, there must be a
distinct proof of tliat averment, as if John-a.*
Stiles be called bankrupt (in the case I men-
tioned) and he brings his action, and avers the
discourse to he dc Qucrente ; and he calls wit-
nesses, who prove the words to be spoken, that
the defendant did say John-a-Stik^s was a bank-
rupt ; and the court demands this question of
the witnesses, but do you know what John-a-
Stiles the defendant meant ? and lie shall an-
swer, no, we only heanl the party say John-a-
Stilcs is a bankrupt : it is apparent' that evi-
dence will not support the action, fbr that aver-